The Legislative Decree 97 / 2016 adopted the Freedom of Information Act, which redefines transparency as a means of protecting citizens' rights and promoting the participation of those concerned in administrative affairs.
The new standard recognizes every citizen the right to access all data, documents and information held by public administrations without the need to be in charge of legally relevant situations.
The request for access is free of charge, except for the repayment of the cost actually incurred and documented by the PA for the reproduction of data or documents on media.
The instance must identify the data, documents or information in the possession of the requested Administration.
The instance may be submitted alternatively:
- the office that holds the data, documents or information
- the Public Relations Office (URP, mail: email@example.com - PEC: firstname.lastname@example.org)
The presentation methods are:
- by mail or fax at the offices indicated above, together with an unauthorized photostatic copy of a document of the identity of the subscriber, or directly from such offices;
- by telematics according to the procedures provided by the CAD (D.Lgs. 82 / 2005 and ss.mm.ii.). In particular:
- signed by digital signature or qualified electronic signature;
- transmitted by means of its own certified e-mail box;
- subscribed and transmitted by ordinary mail together with an unauthenticated copy of the identity document.
The Administration is required to respond to the request with an express order within the deadline of 30 days, deadline until the statements of any counterparty who have time 10 days from receiving the communication from the City offices to express themselves. In case of total or partial denial of access or non-response, the applicant may submit a request for review to the Transparency Manager, who decides within the 20 days. Alternatively, it may appeal to the TAR within 60 days or to the Regional Civic Defender, who declares within 30 days (also against the decision to the Transparency Manager following a review).
It should be noted that generalized civic access differs from the simple one, since it does not concern data, documents or information that is mandatory.
It also differs from the right of access to documents referred to in 22 article 7 August 1990, no. 241, since the latter is an instrument designed to protect particular legal interests from individuals who are in direct, concrete and current interest, corresponding to a legally protected situation and linked to the document to which access is sought.
Standards of Reference