Generalised Civil Access / Generalised Access

Generalised civic access is the right of anyone to access data, which do not require further processing, and documents held by the Province, in addition to those subject to mandatory publication pursuant to Legislative Decree No. 33 of 2013. This right responds to a general principle of transparency and is recognised in order to encourage widespread forms of control over the pursuit of institutional functions and the use of public resources and to promote participation in public debate.
It is a right that is not conditioned by the ownership of legally relevant situations, and can therefore be activated by anyone, without the need for any justification.

This type of access is exercised in compliance with the limits relating to the protection of public and private interests indicated in Article 5 bis, paragraphs 1 and 2, of Legislative Decree no. 33 of 14 March 2013, and with the rules providing for specific exclusions.

As provided for in Article 4 of Provincial Law No. 4 of 30 May 2014 and Article 5 of Legislative Decree No. 33 of 2013, applications for 'generalised' civic access (relating to documents, data and information not subject to the obligation to publish) are submitted on the appropriate form alternatively to one of the following offices

• to the office holding the data, information or documents
• to the structure of the administration carrying out information and assistance activities for citizens, if any; this will forward it to the structure holding the data, information or documents or to the transparency officer, if it is a matter of simple civic access

the request may be submitted to the above-mentioned structures by

1. electronic mail or certified electronic mail
2. hand delivery
3. postal service

Together with the application for access, the Information Notice pursuant to Articles 13 and 14 of EU Regulation No. 679 of 2016 concerning the processing of personal data must also be signed and submitted.

Re-examination of the request

In the event of total or partial refusal of access or failure to reply within thirty days (except in the event of extension of the time limit for the protection of interested parties), the applicant may submit a request for reconsideration to the Transparency Officer. The Transparency Officer decides by reasoned decision within 20 days.

Remedies
An appeal against the decision of the competent administration or, in the event of a request for review, against the decision of the Transparency Officer may be lodged with the TRGA pursuant to Article 116 of the Code of Administrative Procedure.

It is also possible to appeal to the ombudsman competent for the territorial area (pursuant to art. 4, paragraph 4 of Provincial Law no. 4 of 2014 and art. 5, paragraph 8 of Legislative Decree 33/2013)

Warning
It should be noted that generalised civic access does not replace the right of access referred to in Article 32 of Provincial Law no. 23 of 30 November 1992 on administrative activity.