On December 12, 2017, a new Article 110bis of the Italian Privacy Code came into force, redrafting the discipline concerning use of data for scientific research or statistical purposes.
The new Article 110bis, Italian Privacy Code, (Legislative Decree n. 196/2003) introduced three changes that might have harmful consequences for scientific developments.
First, it restricts the possibility to process personal data for compatible secondary purposes, such as scientific research, without consent or authorization. This seems contrary to the principles included in the GDPR. See Whereas 33, 50, 159 and Article 89, GDPR.
Second, the Italian Data Protection Authority (DPA) may authorize the processing of data for research purposes provided that they are anonymized and their processing is minimized.
Third, if the Italian DPA doesn’t authorize the processing within 45 days, the request will be considered as denied, putting a considerable time limit on the Authority’s action.
Section 28, Law n. 167/2017 introducing new Article 110bis, Italian Privacy Code is available (in Italian) at http://www.gazzettaufficiale.it…
For more information on the Italian privacy regulation, Francesca Giannoni-Crystal and Federica Romanelli.
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