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1. No personal data that has been collected for historical purposes may be used for taking actions or issuing provisions against the data subject in administrative matters, unless said data are also used for other purposes in compliance with Section 11.

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3. Where the code of practice or any amendments or additions thereto fail to be adopted by the Council within six months of the proposal put forward by the Garante, they shall be adopted vicariously by the Garante and enforced until different regulations come into force pursuant to the cooperation procedure.

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2. In the course of drawing up said code, or thereafter, the Garante in cooperation with the Council shall lay down measures and provisions to safeguard data subjects, which the Council shall have to adopt.

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a) of the source of the personal data;

3. In case of a particular risk of a breach of network security, the provider of a publicly available electronic communications service shall inform subscribers and, if possible, users concerning said risk and, when the risk lies outside the scope of the measures to be taken by said provider pursuant to paragraphs 1 and 2, of all the possible remedies including an indication of the likely costs involved. This information shall be also provided to the Garante and the Authority for Communications Safeguards.

b) of the purposes and methods of the processing;

1. The provider of a publicly available electronic communications service shall take suitable technical and organisational measures under Section 31 that are adequate in the light of the existing risk, in order to safeguard security of its services and integrity of traffic data, location data and electronic communications against any form of unauthorised utilisation or access.

3. A data subject shall have the right to obtain

1. Within the framework of the more general security requirements referred to in Section 31, or else provided for by specific regulations, data controllers shall be required in any case to adopt the minimum security measures pursuant either to this Chapter or to Section 58(3) in order to ensure a minimum level of personal data protection.

ITALIAN PERSONAL DATA PROTECTION CODELegislative Decree no. 196 of 30 June 2003

1. For the purposes of this Code,

1. If so required by the specific case, the Garante may provisionally order either the partial or total blocking of some of the data, or the immediate termination of one or more processing operations. Such order may also be adopted prior to communicating the complaint as per Section 149(1) and shall cease to be effective if the decision mentioned in paragraph 2 is not rendered within the relevant deadline. The order may be challenged together with said decision.

HAVING REGARD to Act no. 675 of 31 December 1996 as subsequently amended,

3. And for the purposes of this Code,

HAVING REGARD to Section 26 of Act no. 14 of 3 February 2003, setting out provisions to ensure compliance with obligations related to Italy’s membership in the European Communities (Community Act of 2002),

HAVING REGARD to the Council of Ministers’ resolution adopted at the meeting of 27 June 2003,


2. Whenever security of service or personal data makes it necessary to also take measures applying to the network, the provider of a publicly available electronic communications service shall take those measures jointly with the provider of the public communications network. Failing an agreement between said providers, the dispute shall be settled, at the instance of either provider, by the Authority for Communications Safeguards in pursuance of the arrangements set out in the legislation in force.