The yesterday's press release of the Guarantor for the protection of personal data is now almost in response to many debates I have witnessed in this period.
For about three months, in fact, one of 40 lawyers involved in the Thesaurus Project, an initiative sponsored by the Bar Association of the Bar Foundation Florence in collaboration with the ' Centre for Civil Justice el ' ITTIG CNR. The project aims to create a database which encompasses all the judgments of the Court and Court of Appeal of Florence, open to public consultation and based on a system that allows the search for a particular case, not only the principle of law. We are currently working exclusively on civil judgments.
Our task is not easy, is to examine carefully the whole judgments and proceed to maximize their then identifying the keywords and regulatory references that will be the search criteria.
The need to protect the parties to the proceeding has been the subject of discussions of the working group as we tried to find a way of proceeding that was same for everyone, of course taking into account the increased sensitivity some situations than others. I, for that matter, I am a member of the group that deals with people and family and, until now, I am dedicated exclusively of its own anonymity rulings.
guidelines dictated that we proceed to work with are inspired by a uniform criterion of common sense more rigid than the provisions of the Privacy Code space, in fact, decided to anonymize all sentences, regardless of subject matter and lack of presence of record in art. 52 first paragraph of the Privacy Code, by modulating the degree of shading depending on the sensitivity of the interests involved.
For about three months, in fact, one of 40 lawyers involved in the Thesaurus Project, an initiative sponsored by the Bar Association of the Bar Foundation Florence in collaboration with the ' Centre for Civil Justice el ' ITTIG CNR. The project aims to create a database which encompasses all the judgments of the Court and Court of Appeal of Florence, open to public consultation and based on a system that allows the search for a particular case, not only the principle of law. We are currently working exclusively on civil judgments.
Our task is not easy, is to examine carefully the whole judgments and proceed to maximize their then identifying the keywords and regulatory references that will be the search criteria.
The need to protect the parties to the proceeding has been the subject of discussions of the working group as we tried to find a way of proceeding that was same for everyone, of course taking into account the increased sensitivity some situations than others. I, for that matter, I am a member of the group that deals with people and family and, until now, I am dedicated exclusively of its own anonymity rulings.
guidelines dictated that we proceed to work with are inspired by a uniform criterion of common sense more rigid than the provisions of the Privacy Code space, in fact, decided to anonymize all sentences, regardless of subject matter and lack of presence of record in art. 52 first paragraph of the Privacy Code, by modulating the degree of shading depending on the sensitivity of the interests involved.
The matter that I am covered in case there is an absolute prohibition dissemination of data, regardless of the request of the parties or interested parties. For this reason, in accordance with the then clarified by guidelines issued by the Guarantor , I was extremely hard not only eliminate any direct reference to the parties, witnesses or others, but also every detail that could in some way, give a clue to the identification of persons involved.
disposition, I think that should be provided a limited number of cases in which the Court is unable to make copies containing sensitive data if the measure should be reproduced for the purposes of legal information on law journals, electronic media or through electronic communications networks.
This is because, in some cases, an injunction after the breach and the resulting damages may still not be sufficient to remedy the damage caused by the spread data. If this situation is often unavoidable, do not see why we can not prevent it where possible.
Paragraph 5 of Article. 52 of the Code sets a specific, further, banning the dissemination of children's data and the parties in court proceedings relating to family relationships and personal status. ItThat said, reading the text of the communication, I still have a concerns in respect of a provision of the Privacy Code: The ' art. 52 paragraph 3 .
of a broader protection than that posed by the first four paragraphs of that article. The rule requires, in fact, to omit, in cases in which it considered not only the personal identification data and other protected persons, - as stated in the fourth paragraph - but also "other data relating to third parties from which also can be inferred indirectly the identity of such persons.
In the cases referred to in paragraphs 1 and 2, when filing the decision or measure, stationery or office shall authenticate and signs with the following annotation stamp, an indication of the extremes of this article: "If you omit the more general diffusion 'and other identifying information of ....".Under this provision, the clerks would only be responsible for not having to put the record, however, do materially anonymity because of the measures to issue the copy is communication activities - not for the dissemination of information - and therefore excluded from the wording of Article. 52. Although I understand the rationale
disposition, I think that should be provided a limited number of cases in which the Court is unable to make copies containing sensitive data if the measure should be reproduced for the purposes of legal information on law journals, electronic media or through electronic communications networks.
This is because, in some cases, an injunction after the breach and the resulting damages may still not be sufficient to remedy the damage caused by the spread data. If this situation is often unavoidable, do not see why we can not prevent it where possible.
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