Rapporto tra diritto d’accesso e tutela della privacy. Trattamento dei dati sanitari durante lo stato emergenziale da covid-19. Pronunce giurisprudenziali

Abstract

The relationship between the right of to administrative documents and the protection of the confidentiality of third parties, whose personal data emerge from the documents requested, was not unknown to the legislator of 1990 who, both in the legislation concerning local authorities (law n. 142/90) and in the general law on the procedure (law n. 241/90) laid down certain principles to balance the two opposing need.

But it must be said that before law n. 675/ 96, there was no organic regulation in our legal system devoted to confidentiality, which consists in the right not to interfere with others in their private sphere, the protection of which, before law n. 675/ 96, gave rise to numerous problems in relation to the opposing emerging interests. Well, the comparative examination of laws n. 241/90, n. 142/90 and law n. 675/96 before, and the harmonization of Italian Code on Privacy to The European Regulation n. 679/2016 (G.D.P.R.), will allow us to address theproblem above all with regard to “sensitive data” and in particular those related to health. They constitute the so-called “hard core” between personal data, both because of their sensitivity and because of the real danger oftheir use for discriminatory purposes. With this work we will try to analyze the conflict between the two conflicting interests, access and privacy, in the knowledge that there is no valid solution.

As in all situations in which opposing interest are at stake , equally protected by the law, it is, in fact, the task of the interpreter to carry out “ balancing of interests - on a case-by-case basis”. Finally, the analysis of someimportant jurisprudential ruling will help us to further deepen the more specific issues