Administrative proceedings and right of access

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In the course of its administrative activities the Bank of Italy applies the provisions of Law 241/1990 on administrative proceedings and the right of access to public records and documents.

For each type of proceeding the Bank identifies, with reference to the regulations published in this section, the time frame for completion and the internal division responsible for conducting the investigation and for fulfilling any other administrative obligations.

In ex parte proceedings, failure to adopt the final measure within the established time frame is tantamount to its acceptance; this excludes proceedings for which EU law requires that measures be formally adopted and cases in which the law interprets silence as a rejection.

If a proceeding is not completed within the established time frame, private individuals may request that it be assigned to someone else (a 'substitute'), who will then have half the time originally allotted to complete the proceedings. For proceedings relating to the launch of a new business, private individuals may request to be compensated for the delay, provided they ask for a substitute within twenty days of the expiration of the original completion deadline.

Parties with a direct, concrete and actual interest may submit a request to the Bank of Italy for access to documents relating to its administrative proceedings.

Civic access

The Bank complies with the provisions of Legislative Decree 33/2013 regarding civic access, which provides that any party, regardless of whether they have a personal or legal interest, may request access to documents, records and information ('general access') pursuant to Article 5(2) of the above Decree.

This right is subject to the limitations and restrictions set out in Article 5-bis in relation to the protection of private and public legal interests.

Access is provided free of charge. While requests do not need to be motivated, they must indicate the data, documents and information for which access is being requested or be sufficiently detailed to enable their identification.

Requests may be submitted via certified email to accessocivico@pec.bancaditalia.it or as indicated in the 'Contacts' section of the website.

The Bank may also be asked to publish on its website the data, documents, and information envisioned by the Italian transparency laws ('simple access'). Requests are free of charge, and do not need to be motivated. They may be submitted as indicated in the 'Contacts' section of the website.

Access to personal data

In carrying out its functions, the Bank complies with the provisions of Regulation (EU) 679/2016 (the General Data Protection Regulation or GDPR) and Legislative Decree 196/2003 (the Privacy Code) on the treatment of and access to personal data.

Any party may contact the Bank in its capacity as data controller to obtain confirmation as to whether or not personal data concerning him or her are being processed (Article 15 of the GDPR). The regulation on the treatment of sensitive and judicial data and on the activities carried out by the Bank of Italy and the Financial Intelligence Unit is available on the website.

Treatment of personal data submitted in requests for access

The personal data contained in requests for access are treated by the Bank of Italy, in its capacity as data controller, for transparency purposes in accordance with the current privacy laws. This data shall be stored only for the time strictly necessary to process the request for access and to ensure the rights of the interested parties.

In accordance with the limitations set out in Article 2-undecies of Legislative Decree 196/2003, interested parties may exercise their rights under Articles 15 et. seq. of the GDPR by submitting a request by email to org.privacy@bancaditalia.it, or by regular mail to Banca d'Italia - Servizio Organizzazione - via Nazionale 91, 00184 ROMA.

The person responsible for data protection for the Bank of Italy may be contacted by email at responsabile.protezione.dati@bancaditalia.it or by regular mail at via Nazionale n. 91 - 00184 - Roma.

If an interested party believes that his or her personal data has been treated in violation of the law, he or she may lodge a complaint with the Italian Data Protection Authority.