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- Title
Trasparenza e privacy nell'evoluzione dell'ordinamento costituzionale.
- Authors
CALIFANO, LICIA
- Abstract
The article starts with an in-depth analysis of the meaning, the constitutional context and the rules about transparency and privacy (as right to data protection): through their historical evolution, they will be analyzed especially considering the decree n. 33/2013 (about transparency) and the decree n. 196/2003 (about data protection). After that, the article will linger on their difficult cohabitation, evaluating that this could be possible only balancing them in a suitable way: this means that the obligations to disclose public interest information on the websites of the administrations don't have to lead to disclose personal data, because individuals' privacy sphere should not be invaded and personal dignity should not be betrayed. In doing this, the article will focus on the Guidelines approved by the Data protection Authority in 2014, which expose the best possible point of balance between transparency and privacy; at the same time, the article will analyze the remaining criticalities which affect personal data protection. Finally, there will be some brief remarks on the reform of transparency, still at an early stage, promoted by the act n. 124/2015.
- Subjects
TRANSPARENCY in government; CONSTITUTIONAL history; POLITICAL systems; GOVERNMENT publicity; PUBLIC opinion; SOVEREIGNTY; REPRESENTATIVE government
- Publication
Journal of Constitutional History / Giornale di Storia Costituzionale, 2016, Issue 31, p77
- ISSN
1593-0793
- Publication type
Article