Privacy notice for resolution, crisis management and supervision of deposit guarantee schemes

In accordance with EU and national legislation on privacy, please note that Banca d'Italia, Via Nazionale 91, Rome, processes personal data - including data relating to criminal convictions and criminal offences and special categories of personal data - referring to corporate officers of intermediaries and national deposit guarantee schemes, as well as to third parties (e.g. intermediaries' creditors), collected in connection with resolution and crisis management, as well as with the supervision of national deposit guarantee schemes.

Categories of data processed and data subjects

The personal data processed are obtained from banking and financial intermediaries, parent companies of banking and financial groups, central counterparties - including these same entities when under liquidation-, and national deposit guarantee schemes. Data may also be collected from publicly available sources or directly from the data subjects.

Processing purposes

Personal data are processed for purposes of resolution and crisis management and are collected as part of the following activities:

  • verifying whether the officers of national deposit guarantee schemes meet and continue to meet over time the fit and proper requirements (fit and proper assessment);
  • overseeing the liquidation of supervised intermediaries and central counterparties and procedures for withdrawing banking licences;
  • managing the National Resolution Fund and participating in the Single Resolution Fund;
  • conducting resolution planning for significant and less significant institutions, as well as for investment firms (SIMs) and central counterparties;
  • implementing and managing the resolution of less significant institutions, and carrying out the resolution of significant institutions handled by the Single Resolution Board;
  • managing temporary administration procedures concluded or pending as at 21 September 2015.

Legal basis

Banca d'Italia processes personal data pursuant to national and EU legislation governing the above matters. In particular, reference is made to Articles 6-bis, paragraph 2, letter (a), and 14, paragraph 3-ter, of the Consolidated Law on Banking (TUB); Articles 26 and 96-bis.3 of the TUB and its related implementing provisions; Articles 80 et seq. of the TUB; Article 96-quinquies of the TUB; Article 113-ter of the TUB; Legislative Decree 180/2015 (implementing Directive 2014/49/EU, BRRD); Regulation No (EU) 806/2014; Title IV, Chapter II-bis of the Consolidated Law on Finance (TUF); Articles 70 et seq. of the TUB; Banca d'Italia Measure No. 994258 of 22 September 2015; Regulation (EU) 2021/23 (CCP Recovery and Resolution Regulation).

On the basis of these provisions and of the Regulation of 6 November 2015 issued by Banca d'Italia identifying special categories of personal data and judicial data, Banca d'Italia also processes data relating to criminal convictions and offences.

Personal data collected will be stored only for as long as strictly necessary to pursue the institutional purposes described above.

Data are processed electronically using appropriate security measures to ensure their confidentiality and prevent unlawful access by unauthorized third parties or personnel.

The data collected may be disclosed to other entities as required by law or in pursuit of the purposes thereof, and more specifically:

  • Italian governmental entities
  • Foreign public administrations
  • Judicial authorities
  • European Central Bank (ECB)
  • Single Resolution Board (SRB)
  • Italian Companies and Stock Exchange Commission (Commissione nazionale per le società e la borsa, CONSOB)
  • Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, AGCM)
  • Institute for the Supervision of Insurance (Istituto per la vigilanza sulle assicurazioni, IVASS)
  • Pension Fund Supervisory Authority (Commissione di vigilanza sui fondi pensione, COVIP)
  • Other Italian and foreign supervisory bodies and authorities
  • Foreign resolution authorities
  • National and foreign guarantee and compensation schemes.

Persons authorized to process personal data

Personal data may be disclosed to the Head of the Resolution and Crisis Management Unit, as well as to Unit staff authorized to process the data based on their assigned responsibilities.

Rights of the data subject

Under EU and national legislation, data subjects have the right to access their personal data and any and all rights recognized by law, including the right to obtain the rectification, completion, erasure and anonymization of personal data, as well as the right to object, on legitimate grounds, to the processing, in whole or in part, of such data or to request processing restrictions. Data Subjects may exercise such rights by contacting the Data Controller - Banca d'Italia - Organization Directorate - Via Nazionale 91, 00184 Rome, email: org.privacy@bancaditalia.it.

The Data Protection Officer for Banca d'Italia can be contacted at Via Nazionale 91, 00184, Rome, or at the following email address: responsabile.protezione.dati@bancaditalia.it.

Should data subjects deem that their data have been processed in violation of the law, they may lodge a complaint with the Italian Data Protection Authority (Garante per la Protezione dei dati personali).