Italy Personal Data Protection Code (Legislative Decree No. 196/2003, amended 2018)
Part I Title I: National rules alongside the GDPR (arts 1 to 2-septiesdecies) – Italy Personal Data Protection Code (Legislative Decree No. 196/2003, amended 2018)

Italy Personal Data Protection Code (Legislative Decree No. 196/2003, amended 2018) Art. 2-octies: Art. 2-octies Process criminal convictions data outside official control only where a law or regulation authorises it

Without prejudice to D.Lgs. 51/2018, processing of personal data relating to criminal convictions, offences or related security measures on a GDPR art. 6(1) basis that is not carried out under the control of official authority is allowed, under GDPR art. 10, only if authorised by a provision of law or, where the law provides, of regulation, with appropriate safeguards. Paragraph 3 lists matters, including (a) obligations and rights in employment law within the limits of laws, regulations and collective agreements, verification of integrity requirements, insurance fraud, legal claims, defence investigations under the public security act, anti-mafia documentation, public tender integrity, legality rating and anti-money laundering. Processing under official control follows art. 2-sexies. Paragraphs 2, 4 and 6 (the ministerial decree route and interim Garante authorisation) were repealed by Law 2 December 2025 no. 182 (in force 18 December 2025).

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  • GDPR-Art.10 Processing of personal data relating to criminal convictions

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Other controls in Part I Title I: National rules alongside the GDPR (arts 1 to 2-septiesdecies) – Italy Personal Data Protection Code (Legislative Decree No. 196/2003, amended 2018)

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