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With opinion no. 32 of 20 June 2024, the National Council of Lawyers examined the rules relating to the processing by the CNF of lawyers’ data contained in the central computerized system as well as the processing and publication on the COA registers of information relating to the original title of the established and integrated lawyer.
The opinion of the National Forensic Council
The Council affirmed its ownership in relation to the Processing of personal data included in theNational list of lawyersThis ownership arises from:
- from art.15, paragraph 5 of Law no. 247/2012 which provides for the list of registers, lists and bills that must be kept and updated at each council of the order;
- from art.5, paragraph 8 of Ministerial Decree 16 August 2016 n.178 which regulates the maintenance and updating of registers, lists and records by the Councils of the Bar Association and, in pursuit of the aim of efficient information for the public, provides for the creation of the central information system (so-called SIC), developed and managed by the National Council of Lawyers.
Paragraphs 7 and 8 of art. 5 of the aforementioned decree specify that
- the CNF plays the role of data controller of the data necessary for the management of the central information system (SIC)as well as for the purposes of maintaining and updating the special register for legal representation before higher courts and drafting the national list of lawyers, while
- each COA And “the owner of the data present in the registers, records and lists kept, according to the methods referred to in paragraph 1, by the same council of the order».
The central computer system.
The SIC is a central IT system created, developed and managed by the National Council of Lawyers for the maintenance of registers, lists and registers by the councils of the Bar Association. The technical specifications of the central IT system were determined with resolution no. 428 of 18 June 2021, adopted by the National Council of Lawyers following the favorable opinion of the Guarantor for the protection of personal data, issued with provision no. 233 of 10 June 2021.
Article 2 of the aforementioned decree no. 178/2016 lists in the first paragraph all the information that must be included in the register of lawyers (paragraph 1), specifying that a management decree of the Ministry of Justice may provide that the registers, records and lists contain additional information that is pertinent to the data required by the regulation and not excessive in relation to the professional activity (paragraph 3).
Article 1 of Ministerial Decree 178/2016 provides that the SIC is created and managed in such a way as to put
- the functions for entering data and electronic documents in accordance with the methods established by the technical specifications (paragraph 4) are available to the subjects and territorial councils of the order,
- at the disposal of the council of the territorial order by which the list is maintained, the functions for the insertion of data and computer documents in the lists referred to in art. 15, paragraph 1, letters e) and f) L.247/2012 (paragraph 4),
- the functions for consulting the data contained in the registers, records and lists are available to the public, with the exception of information relating to a) lawyers “suspended from professional practice for any reason, which must be indicated, and also lawyers removed for lack of effective, continuous, habitual and prevalent practice of the profession” (art. 15, paragraph 1, letter e); b) to lawyers “who have been subjected to disciplinary measures which are no longer appealable, resulting in expulsion” (art. 15, comma 1, lett. f).
The professional associations that, on the date of entry into force of the aforementioned regulation, have computer systems for maintaining registers, records and lists may continue to use them, provided that such systems a) are equipped with all the functions prescribed by the regulation with regard to the central computer system (art. 5, paragraph 1, Ministerial Decree 178/2016); b) make available to the public on the Internet site of the professional association the information contained in the registers, records and lists referred to in the combined provisions of art. 15, paragraph 2, Law 247/2012 and 2, 3 and 4 of Ministerial Decree 178/2016 (art. 15, paragraph 3, Law 247/2012); c) have databases interconnected with the database of the central computer system (art. 1, paragraph 6 and 5, paragraph 1, Ministerial Decree 178/2016).
Data processing of the established lawyer
With regard to the publication in the professional registers of information relating to the established and integrated lawyer referred to in Legislative Decree no. 96/2001, the Council recalled that art. 2 paragraph 2 of decree 178/2016 specifies that for each established lawyer, are also indicated,
- il professional title of origin,
- the data referred to in art. 6, paragraphs 2 and 4, of Legislative Decree 2 February 2001, n. 96,
- the judicial bodies before which he is authorised to practise in his country of origin,
- the data relating to the integration into the profession of lawyer, maintaining the indication of the original professional title.
The legal basis of the processing by the CNF and the COA
This data falls within the category of personal data whose publication is required by law as mandatory by the National Forensic Council. In relation to the processing of the aforementioned data, the Council has specified that
- the legal basis of the processing carried out by the CNF for all established lawyers who subsequently obtained integration can be identified in thefulfillment of a legal obligation (art. 6, par. 1, letter c) of the GDPR), found in the combined provisions of art. 1, paragraph 5 and art. 2, paragraph 2 of the Ministerial Decree 176/2018,
- in compliance with the principles of adequacy, relevance, accuracy and updating of personal data (established by art. 5, par. 1, letter c) and d) GDPR), each Council of the Bar Association should make available to the public the information relating to the original title of the established and integrated lawyer, for the same purposes pursued by the National Bar Council and by virtue of the same legal basis of the processing (fulfilment of a legal obligation), constituted in this case by the combined provisions of art. 2, paragraph 2, Ministerial Decree 176/2018 and 15, paragraph 3, first period of Law 247/2012.
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