Università Roma Tre

TEACHERS
PROF. CARLO COLAPIETRO
UNIVERSITÀ DEGLI STUDI DI ROMA TRE
COMMISSIONE PER L’ACCESSO AI DOCUMENTI AMMINISTRATIVI

PROF.SSA LICIA CALIFANO
UNIVERSITÀ DEGLI STUDI DI URBINO “CARLO BO”
AUTORITÀ GARANTE PER LA PROTEZIONE DEI DATI PERSONALI

SEMINAR TITLE
TRANSPARENCY, PRIVACY AND FIGHT AGAINST CORRUPTION: THE RELATIONSHIP BETWEEN DISCLOSURE OF PUBLIC ADMINISTRATION AND THE RIGHT TO PROTECTION OF PERSONAL DATA

ECTS: 3

TEACHING AND SCIENTIFIC FIELD
IUS/09 – ISTITUZIONI DI DIRITTO PUBBLICO


IN EUROPE THE FIGHT AGAINST CORRUPTION HAS BECOME ONE OF THE PRINCIPAL ISSUES AND THERE ARE MANY DIFFERENT INSTRUMENTS TO FIGHT IT. THE MAIN TOOL IN THE FIGHT AGAINST CORRUPTION IS PREVENTING ILLEGAL AND IRREGULAR ACTS IN THE ADMINISTRATIVE ACTIVITY, IN OTHER WORDS THE SO-CALLED TRANSPARENCY, BECAUSE IT DEVELOPS THE DEMOCRATIC CONTROL ON THE ACTIVITY OF PUBLIC POWERS, CONSEQUENTLY INCREASING ACCOUNTABILITY.
THIS SUBJECT IS REGULATED BY MANY EUROPEAN AND INTERNATIONAL RULES, AS THE CRIMINAL LAW AND THE CIVIL LAW CONVENTIONS ON CORRUPTION SIGNED IN 1999 BY THE COUNCIL OF EUROPE: DECREE NO. 150/2009 FIRST REGULATED IN ITALY THE TRANSPARENCY OF PUBLIC ADMINISTRATION; AFTER THAT, IN 2012 LAW NO. 190/2012 AND FINALLY DECREE NO. 33/2013 COMPLETED THE FRAMEWORK.
NOWADAYS TRANSPARENCY IS EASED AND ADVANTAGED BY THE INNOVATIONS IN COMMUNICATION TECHNOLOGIES AND THE POSSIBILITY OF SPREADING NEWS ON THE INSTITUTIONS’ OFFICIAL WEB SITES, REACHING EASILY THE ENTIRE CITIZENSHIP. ON THE OTHER SIDE, THE ONLINE PUBLICATION OF THESE RECORDS RISKS TO INJURE THE RIGHT TO PROTECTION OF PERSONAL DATA. AS WELL KNOWN, THOSE ARE FUNDAMENTAL RIGHTS, RATIFIED BY THE EU CHARTER OF FUNDAMENTAL RIGHTS AND THE EUROPEAN CONVENTION OF HUMAN RIGHTS, AS WELL AS PROTECTED BY THE COURT OF JUSTICE OF THE EU AND THE EUROPEAN COURT OF HUMAN RIGHTS. MOREOVER PRIVACY RIGHTS ARE PROMOTED BY THE EU LEGISLATION, STARTING FROM THE DIRECTIVE 95/46/EC UP TO THE NEW EUROPEAN REGULATION, WHICH IS CURRENTLY DEBATED IN EU INSTITUTIONS BUT ALSO THEY ARE COMMONLY ACKNOWLEDGED HERITAGE OF EVERY EUROPEAN COUNTRY. IN FACT, DISSEMINATING PUBLIC DOCUMENTS BY INDISCRIMINATE FORMS MAY ALSO DISCLOSE PERSONAL DATA; THEREFORE LEGAL OBLIGATIONS OF PUBLICATION DO NOT HAVE TO GO BEYOND THE LIMITS IMPOSED BY COMPLIANCE WITH THE PRINCIPLES OF NECESSITY AND PROPORTIONALITY.

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WRITTEN TEST WITH MULTIPLE CHOICE ANSWERS AT THE END OF THE COURSE
TO OBTAIN 3 ECTS THE STUDENTS HAVE TO ATTEND AT LEAST 4 LESSONS AND THE CONFERENCE, IN ADDITION TO PASSING THE WRITTEN TEST

L. CALIFANO, C. COLAPIETRO (A CURA DI), LE NUOVE FRONTIERE DELLA TRASPARENZA NELLA DIMENSIONE COSTITUZIONALE, EDITORIALE SCIENTIFICA, NAPOLI, 2014