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Italy: Garante issues favorable opinion on draft legislation for resilience of critical subjects
On September 13, 2024, the Italian data protection authority (Garante) announced its favorable opinion on a draft legislative decree for the implementation of Directive (EU) 2022/2557, concerning the resilience of critical entities. The draft legislative decree provides for the introduction of measures, criteria, obligations, sanctions, and provisions aimed at ensuring the provision of essential services for the maintenance of vital functions of society for economic activities, public health, and safety for the environment. The Garante noted that the draft legislative decree does not present particular critical issues as it relates to data protection. However, some sections regarding the personal data of criminal records received input from the Garante. Specifically, the Garante highlighted the need for:
- clarification regarding the categories of records that are considered relevant;
- regulation of the methods and times of conservation of European criminal record certificates; and
- if necessary, delegation to a regulatory source.
The Garante also mentioned that potential incidents affecting personal data protection should be evaluated.
You can read Garante's opinion here and the newsletter here, both only available in Italian.
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