La tutela della privacy tra esigenze di trasparenza e nuove regole di riservatezza

Abstract

The article analyzes the meaning of transparency and confidentiality in the Italian legal system, tracing an evolutionary framework in order to define the balances that allow the coexistence of two apparently antithetical principles. The issue mainly concerns the controversial relationship between transparency instruments - document access, civic access and new generalized civic access (so-called FOIA) - and the need to protect personal, sensitive and super sensitive data. The meeting between the two parties was regulated by a careful discipline of limits, developed gradually, and recently revised by the entry into force of the European Regulation on the processing of personal data. However, in spite of the continuous adjustments of the national and supranational legislator, the relationship between transparency and confidentiality does not seem to be framed in a pre-established and generally valid regulatory framework, instead requiring a continuous measurement of proportionality and reasonableness on the part of the administration concerned.