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Data protection authority code

Regulations - June 16, 2004

Code of ethics and good conduct for the processing of personal data for statistical and scientific purposes
 (OJ No. 190 of August 14 2004) Register of resolutions n. 2/2004 of June 16 2004

THE AUTHORITY FOR THE PROTECTION OF PERSONAL DATA
In today's session, with the participation of professor Stefano Rodotà, chairman, of professor Giuseppe Santaniello, deputy chairman, of professor Gaetano Rasi and of Mr. Mauro Paissan, members, and of Mr. Giovanni Buttarelli, secretary general;

Given the art. 27 of the directive n. 95/46 / EC of the European Parliament and of the Council of October 24 1995, according to which Member States and the Commission encourage the development of codes of conduct intended to contribute, depending on sectoral specificities, to the correct application of national implementing provisions of the Directive adopted by the Member States; 

Given the art. 12 of the Code regarding the protection of personal data (Legislative Decree June 30 2003, No. 196), which gives the Authority the task of promoting within the categories concerned, in accordance with the principle of representativeness and taking into account the guiding criteria of the Council of Europe's recommendations on the processing of personal data, the signing of codes of ethics and good conduct for certain sectors, verifying compliance with laws and regulations, including by examining stakeholders' comments and contributing to guarantee its diffusion and respect; 

Given the art. 106, paragraph 1, of the Code which requires the Authority to promote the signing of one or more codes of ethics and good conduct for public and private subjects, including scientific organisations and professional associations, interested in processing data for statistical or scientific purposes; 

Given the art. 106, paragraph 2, of the same Code relating to certain profiles which, on the basis of certain guarantees, must be identified by the code of ethics and good conduct for data processing for statistical and scientific purposes; 

Given the provision of the Authority for the protection of personal data issued on February 10 2000, published in the Official Gazette of the Italian Republic on February 25 2000, n. 46, with which the Authority has promoted the signing of one or more codes of ethics and good conduct related to the processing of personal data for statistical and scientific research purposes and invited all the subjects, entitled to participate in the adoption of the same codes, based on the principle of representativeness, to notify the Authority; 

Given the communications received by the Authority in response to the aforementioned provision of February 10 2000, with which various public and private entities, scientific organisations and professional associations have expressed their willingness to participate in the adoption of the codes, and among which a a specific working group, made up, in particular, of representatives of the following subjects: Conference of the rectors of Italian universities; Italian association of epidemiology; Italian Association of Sociology; Italian Council for Social Sciences; Italian Society of Economists; Italian biometrics company; Italian Society of historical demography; Italian Society of hygiene, preventive medicine and public health; Italian Statistical Society; Italian Society of Medical Statistics and Clinical Epidemiology; Association of market research, opinion polls, social research institutes; 

Considering that the text of the code has been widely spread also through its publication on the Internet website of this Authority, made known through a notice in the Official Gazette of the Italian Republic on May 20 2004, n. 117, in order to favor the broader debate and to allow the collection of any observations and additions to the same text by all the interested parties; 

Having regard to the observations received according to the provisions of the aforementioned notice; 

Noting that compliance with the provisions contained in the code of ethics and good conduct constitutes an essential condition for the lawfulness and correctness of the processing of personal data carried out by private and public entities (Article 12, paragraph 3, of the Code); 

Having verified the compliance of the code of ethics and good conduct with the laws and regulations regarding the protection of personal data, also in relation to the provisions of articles 12 and 104 and following of the Code; 

Considering that, pursuant to art. 12, paragraph 2, of the Code, the code of ethics and good conduct must be published in the Official Gazette of the Italian Republic by the Authority and, by decree of the Minister of Justice, listed in Annex A) to the same Code; 

Examined the documentation in deeds; 

Having regard to the observations made by the Secretary General pursuant to art. 15 of the regulations of the Authority n. 1/2000, adopted with resolution n. 15 of June 28 2000 and published in the Official Gazette of the Italian Republic no. 162 of July 13 2000; 

Speaker professor Gaetano Rasi; 

ORDERS:
the transmission of the code of ethics and good conduct for the processing of personal data for statistical and scientific purposes, which is attached, to the Office publishing laws and decrees of the Ministry of Justice for its publication in the Official Gazette of the Italian Republic, as well to the Minister of Justice to be reported in Annex A) to the Code.

Rome, June 16 2004

THE CHAIRMAN Rodotà
THE SPEAKER Rasi
THE SECRETARY GENERAL Buttarelli

CODE OF ETHICS AND GOOD CONDUCT FOR THE PROCESSING OF PERSONAL DATA FOR STATISTICAL AND SCIENTIFIC PURPOSES

Subscribed by:
Conference of the rectors of Italian universities
Italian Association of epidemiology
Italian Association of Sociology
Italian Council for Social Sciences
Italian Society of Economists
Italian biometrics company
Italian Society of historical demography
Italian Society of hygiene, preventive medicine and public health
Italian Statistical Society
Italian Society of Medical Statistics and Clinical Epidemiology
Association of market research, opinion polls, social research institutes

 

ATTACHED DOCUMENTS

Code of ethics and good conduct for the processing of personal data for statistical and scientific purposes