Procedure for Exercising Your Rights

RIGHTS OF THE INTERESTED PARTY
PURSUANT TO ARTICLES 15 TO 23 OF REGULATION 679/2016
AND OF D.LGS. 196/2003 AS MODIFIED BY THE D.LGS. 101/2018

The EU Regulation 679/2016 on the protection of personal data provided among its cardinal points is the protection of the rights of the interested party in the processing of personal data.

These rights are subject to control over the types of data used, the methods of treatment and gives it the possibility to limit such use, to oppose and to delete personal data in certain circumstances.

The corollary of these rights is the right to complaints and judicial protection in case of violations regarding unregulated or illegal treatment.

This procedure intends first of all to identify these rights, as well as the setting of the response times and the methods of exercise. Finally, this document identifies the subject responsible for feedback to the instant subjects.

The purpose of this procedure is to facilitate the interested party pursuant to article 12 paragraph 2 of the exercise of his rights.

Article 15
Right of access by the data subject

The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and where that is the case, access to the personal data and the following information:
1. the purposes of the processing;
2. the categories of personal data concerned;
3. the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
4. where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
5. the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
6. the right to lodge a complaint with a supervisory authority;
7. where the personal data are not collected from the data subject, any available information as to their source;
8. the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

Article 16
Right to rectification

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her . Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Article 17
Right to erasure (‘right to be forgotten’)

The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
1. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
2. the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
3. the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
4. the personal data have been unlawfully processed;
5. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
6. the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
1. for exercising the right of freedom of expression and information;
2. for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3. for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
4. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
5. for the establishment, exercise or defence of legal claims.

Article 18
Right to restriction of processing

The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
1. the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
2. the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
3. the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
4. the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

Article 19
Notification obligation regarding rectification
or erasure of personal data or restriction of processing

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Articles 16, 17(1) and 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it.

Article 20
Right to data portability

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
1. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
2. the processing is carried out by automated means.
In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

Article 21
Right to object

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on points (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Article 22
Automated individual decision-making, including profiling

The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
Paragraph 1 shall not apply if the decision:
1. is necessary for entering into, or performance of, a contract between the data subject and a data controller;
2. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
3. is based on the data subject’s explicit consent.
In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) apply and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

Article 23
Restrictions

Union or Member State law to which the data controller or processor is subject may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 12 to 22 and Article 34, as well as Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22, when such a restriction respects the essence of the fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:
1. national security;
2. defence;
3. public security;
4. the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
5. other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, including monetary, budgetary and taxation a matters, public health and social security;
6. the protection of judicial independence and judicial proceedings;
7. the prevention, investigation, detection and prosecution of breaches of ethics for regulated professions;
8. a monitoring, inspection or regulatory function connected, even occasionally, to the exercise of official authority in the cases referred to in points (a), (b), (c), (d), (e) and (g);
9. the protection of the data subject or the rights and freedoms of others;
10. the enforcement of civil law claims.
In particular, any legislative measure referred to in paragraph 1 shall contain specific provisions at least, where relevant, as to:
1. the purposes of the processing or categories of processing;
2. the categories of personal data;
3. the scope of the restrictions introduced;
4. the safeguards to prevent abuse or unlawful access or transfer;
5. the specification of the controller or categories of controllers;
6. the storage periods and the applicable safeguards taking into account the nature, scope and purposes of the processing or categories of processing;
7. the risks to the rights and freedoms of data subjects; and
8. the right of data subjects to be informed about the restriction, unless that may be prejudicial to the purpose of the restriction.

Jurisdictional protection

EU Regulation 679/2016 provides its Chapter VIII with the means of appeal to protect the interested party.

In particular, Articles 77 (Right to lodge a complaint with the Supervisory Authority), Article 78 (Right to an effective judicial remedy against the Supervisory Authority) and Article 79 (Right to effective judicial remedy against the owner of the treatment or data controller).

METHOD OF EXERCISE OF RIGHTS AND RESPONSE

The rights of the interested party can be exercised by email, pec, registered letter with return receipt.

To facilitate the exercise of these rights, the interested party can download the exercise form at the www.tenutadiarceno.com

For the exercise of these rights, the interested party may write to the email address:

info@tenutadiarceno.com

The Data Controller, directly or through one of his agents, provides the interested party with information relating to the request submitted by the interested party without undue delay and, in any case, within 30 days from receipt of the request.

This deadline can be extended for a further 60 days, if necessary, taking into account the complexity and the number of requests. The data controller informs the interested party of this extension and of the reasons for the delay, within 30 days of receipt of the request. If the interested party submits the request by electronic means, the information is provided, where possible, by electronic means unless otherwise indicated by the interested party.

If the data controller does not comply with the request of the data subject, he / she informs the data subject without delay, and at the latest within 30 days of receipt of the request, of the reasons for the non-compliance and of the possibility of proposing a complaint to a supervisory authority and to bring a judicial appeal.

The information provided to the interested party and any communications and actions taken are free of charge.

If the requests of the interested party are manifestly unfounded or excessive, in particular for their repetitive nature, the data controller can:

charge a reasonable expense contribution taking into account the administrative costs incurred to provide the information or communication or take the requested action € 100 or
refuse to satisfy the request.

The burden of proving the manifestly unfounded or excessive nature of the request falls to the data controller.

If the data controller has reasonable doubts about the identity of the natural person who submits the request referred to in articles 15 to 21, he can request further information necessary to confirm the identity of the interested party.