Through the changes made by Legislative Decree 97/2016 to Legislative Decree 33/2013, a new type of civic access right, called generalized, was introduced. Under this new provision, anyone has the right to access data and documents held by public administrations, in addition to those required to be published under this decree, subject to limits relating to the protection of legally relevant public and private interests.
This sub-section provides information on how to exercise simple civic access and generalized civic access, also known as “FOIA access - Freedom of Information Act”, a law in some countries that governs the right to access data held by public administrations.
Simple civic access and generalized civic access differ from the right to access administrative documents governed by Law 241/1990.
The right to access documents is governed by Articles 22 and following of Law 241/1990 and concerns the possibility of accessing administrative documents for those who have a direct, concrete, and current interest, corresponding to a legally protected situation connected to the document for which access is requested.
The request to access documents must be justified and must be addressed to the administration that created the document or that holds it permanently. Viewing the documents is free of charge. The issuance of copies is subject only to reimbursement of reproduction costs, without prejudice to the applicable provisions on stamp duty, as well as search and inspection fees.
The request can be submitted by filling out the appropriate form. This form, signed by the applicant and addressed to the Support Service for the Officer Responsible for the Prevention of Corruption and Transparency at the University for Foreigners of Perugia, can be sent:
- by hand to the University Protocol Office (ground floor of Palazzo Gallenga, Piazza Fortebraccio 4, Perugia – opening hours: Mon-Fri 9:00am-1:00pm) which will affix a receipt stamp and issue a receipt indicating the date the request was received
- by regular mail or by registered letter with return receipt addressed to the University for Foreigners of Perugia, attn. Support Service for the Officer Responsible for the Prevention of Corruption and Transparency, Palazzo Gallenga, Piazza Fortebraccio 4, 06123 Perugia
- electronically via certified email (PEC). The request, saved in PDF format and digitally signed, must be sent to the PEC address protocollo (at) pec.unistrapg.it
Request form for document access – Art. 22, L.241/1990 - odt | pdf
According to Article 5, paragraph 1, of Legislative Decree 33/2013, in the event of non-publication of one of the data subject to mandatory publication pursuant to the decree itself, anyone may submit a request for civic access in order to obtain the publication of the data by the administration.
Civic access may be exercised free of charge, does not require justification, and the request must be sent to the Manager for the Prevention of Corruption and Transparency at the address accesso.civico (at) unistrapg.it by filling in the appropriate form. Once the request has been received, the Manager for the Prevention of Corruption and Transparency verifies whether the publication obligation exists and, if so, arranges for the publication of the documents or information requested in the Transparent Administration section of the university portal within 30 days. At the same time, notification of the publication is sent to the applicant, indicating the corresponding hyperlink. If the requested information has already been published on the Portal, only the hyperlink to the document or information is provided to the applicant.
Civic access request form - art. 5, para. 1, Legislative Decree 33/2013 - odt | pdf
The right to generalized civic access is regulated by Article 5, paragraph 2, of Legislative Decree 33/2013 and concerns the possibility of accessing data, documents, and information held by public administrations beyond those subject to mandatory publication. The legitimacy to exercise generalized civic access is granted to anyone, in compliance with the exceptions and limitations set forth in Article 5-bis of Legislative Decree 33/2013.
Access to data, documents, and information is free of charge, except for reimbursement of fees provided for documented costs incurred as a result of reproducing them on physical media.
The administration is required to respond within 30 days from the submission of the application. The time limit is suspended for up to 10 days if the request is communicated to a third party. The request can be submitted by filling out the appropriate form, without stating any reason. This form, signed by the applicant and addressed to the Support Service for the Corruption Prevention and Transparency Officer of the University for Foreigners of Perugia, can be submitted:
- In person at the Protocol Office of the University (ground floor of Palazzo Gallenga, Piazza Fortebraccio 4, Perugia - opening hours Mon-Fri 9:00-13:00), which will stamp the receipt and issue a receipt indicating the date the request was received
- By regular mail or by registered mail with return receipt addressed to the University for Foreigners of Perugia, c.a. Support Service to the Corruption Prevention and Transparency Officer, Palazzo Gallenga, Piazza Fortebraccio 4, 06123 Perugia
- Electronically by ordinary email to the Support Service for the Corruption Prevention and Transparency Officer at the email address accesso.civico (at) unistrapg.it
- Electronically via certified email (PEC). The request, saved in PDF format and digitally signed, must be sent to the PEC address protocollo (at) pec.unistrapg.it
- In cases of total or partial denial of access, or lack of response within the deadlines (paragraph 6, article 5, Legislative Decree 33/2013), the applicant may submit a request for review to the Corruption Prevention and Transparency Officer.