Rules on openness of documents

Documents that are preserved in the Archives are freely consultable -art. 122, Title II- Item III of the cultural heritage and landscape code ( legislative Decree 22 jenuary 2004, n. 42).

There are this exceptions:

  • those of a reserved character related to the intern and foreign policy of the State, that become freely consultable 50 years after their date.
  • those that contain private "sensitive" data of people (able to reveal the racial and ethnic origin, the religious, philosophical and political beliefs as well as adherence to associations, parties and trade union) limited to the last 40 years and except that the person did a declared or implied admission.
  • documents related to the health state, sexual habits and reserved familiar relations, in the limit of 70 years.
  • past criminal convictions brought to justice and annotated in the Criminal Record, consultable after 40 years.

At an identical discipline are subjected documents preserved in the historical archives of the public entities. The article 124 of the Code paragraph 2 Title II- Item III has also provided that the consultation of documents for historical purposes will be possible also in the current archives and as deposit of public administrations. This right is regulated by the entities and institutes itselves, on the base of general addresses established by the Ministry. The same is told for the archives of the territorial authorities. This right it's added to that of the access at the administrative acts expected by the already agreed law n° 241/1990 (see the cited art.122- paragraph 2).

It's finally expected, by the art. 123, paragraph 1 - Title II- Item III of the Code the possibility to authorize, with particular procedures and caution, the consultation of reserved documents before the expiry date.

The student for studious reasons can ask the consultation for historical purposes of reserved documents before the expiry date. The request will have to be addressed to the Director of the State Archive to be transmitted, accompanied by his opinion, to the Commission for the issues related to the consultability of reserved archive acts (at.8 of the legislative Decree n.281 on 30.07.1999)