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ARTICLE · 06 MAY 2005

Minimum Security Measures For Personal Data Protection

Trevisan & Cuonzo
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The new Italian Data Protection Code provides for data and system security and in particular for specific minimum security measures to be adopted by data controllers, prior to 31 December 2004

ItalyMedia, Telecoms, IT, Entertainment
Jacopo Liguori
Jacopo Liguori

This article was first published in Computer Law Review International, Issue 6 Editor Verlag Dr. Otto Schmidt, Koln, Germany

The new Italian Data Protection Code (Legislative Decree no. 196 of 30 June 2003, which came into force on 1 January 2004) provides for data and system security and in particular for specific minimum security measures to be adopted by data controllers, prior to 31 December 2004.

1. Security Measures

As for the previous privacy legislation, Section 31 of the Code imposes on the data controller a general duty to minimise the risks connected with the processing of personal data by means of adopting suitable security measures. Failure to comply with this general duty and should the unlawful processing result in damage to an individual or entity, this may expose the data controller to civil liability.

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