The Freedom of Information Act (law on freedom of information) was adopted with Legislative Decree 97/2016, which redefines transparency as an instrument for protecting citizens' rights and promoting the participation of interested parties in administrative activities.
The new law recognizes the right of every citizen to access all data, documents and information held by public administrations, without the need to be the owner of legally relevant situations.
The request for access is free, except for the reimbursement of the cost actually incurred and documented by the PA for the reproduction of data or documents on material supports.
The instance must identify the data, documents or information in possession of the Administration requested.
The application can be presented alternatively:
- to the office that holds the data, documents or information
- to the Public Relations Office (URP, mail: firstname.lastname@example.org - PEC: email@example.com)
The methods of presentation are:
- by post or fax to the offices indicated above, together with an unauthenticated photocopy of an identity document of the subscriber, or directly to these offices;
- electronically according to the methods provided for by the CAD (Legislative Decree 82/2005 and subsequent amendments). In particular:
- signed by digital signature or qualified electronic signature;
- transmitted by means of its own certified e-mail box;
- signed and sent via ordinary e-mail together with an unauthenticated copy of the identity document.
The Administration is required to respond to the request with an express provision within the term of 30 days, suspended until the pronouncement of any counter-interested parties, who have 10 days from receipt of the communication by the City offices to express themselves. In the event of total or partial denial of access or no response, the applicant can submit a request for review to the Transparency Officer, who decides within 20 days. Alternatively, he can appeal to the TAR within 60 days or to the Regional Ombudsman, who pronounces himself within 30 days (also against the decision to the Head of transparency following a review).
It should be noted that generalized civic access differs from simple access, as it does not have data, documents or information subject to mandatory publication.
It also differs from the right of access to documents, referred to in article 22 of the law of 7 August 1990, n. 241, as the latter is an instrument aimed at protecting particular legal interests on the part of subjects who are bearers of a direct, concrete and current interest, corresponding to a legally protected situation and connected to the document to which access is requested.
Standards of Reference