Regional Institute of Wine and Oil

Generalized Civic Access

generalized civic access

Generalized civic access, introduced by art. 5, paragraph 2, of the legislative decree 14 March 2013 n. 33, recognizes anyone the right to access data and documents held by the Public Administration, regardless of ownership of legally relevant situations, placing no limit on the subjective legitimacy of the applicant.

This type of access concerns not only data and documents for which there are specific publication obligations, but also those for which no specific publicity is foreseen.

The exclusions and limits placed on the exercise of the right are provided for in art. 5-bis of the aforementioned Legislative Decree 33/2013. Furthermore, other regulatory provisions, as indicated in paragraph 3 of the same decree, provide for specific limits or exclusion hypotheses.

Methods for exercising the right

Generalized civic access is activated with the presentation of a specific request, without the need to formulate any reasons.

The application, duly signed, must contain an indication of the data, information and documents for which access is requested, or must be formulated in such a way as to allow the Administration to easily identify them.

Any access requests that are formulated in a vague manner or are manifestly unreasonable are inadmissible.

The request, duly signed, to be drawn up in accordance with the specially prepared form (annex no. 4) with attached copy of a valid identification document, must be forwarded using one of the following methods:

– by email to the address: [email protected]

– by ordinary mail to the following address: Regional Institute of Wine and Oil – Director delegated for civic access – Via Libertà n. 66 90100 – Palermo

– at the headquarters of the organization in Via Libertà n. 66 from Monday to Friday from 9.00 to 13.00 and on Wednesday from 16.00 to 17.30

The release of data or documents in electronic or paper format is free, except for the reimbursement of the cost actually incurred and documented by the Administration for reproduction on material supports (art. 5 co.4 legislative decree 33/13).

Method

The Administration, having acquired the request, first evaluates the presence of all the essential requirements, and ascertains whether the same may affect the interests of other subjects, linked to the protection of personal data, the freedom and secrecy of correspondence or to interests economic and commercial.

In the event of identifying interested parties, the Administration is obliged to communicate the request to them by sending a copy by registered mail with acknowledgment of receipt (or electronically for those who allow this form of communication). The other interested party may present (also electronically) a possible and reasoned opposition to the request for access, within ten days of receiving the aforementioned communication. Once this deadline has elapsed, the Administration, after verifying receipt of the above copy, will process the access request.

The procedure ends, with an express and motivated provision, within thirty days of receiving the request. The decision must be communicated both to the instant and to any other interested parties.

Where the Administration decides to accept the access request, in the absence of opposition from other interested parties, it will promptly transmit the data or documents to the applicant.

If the request is accepted despite the opposition of other interested parties, the Administration is required, except in cases of proven non-deferrability, to notify the latter. The requested data or documents may be transmitted to the applicant no earlier than fifteen days from receipt of the same communication from the interested parties, also in order to allow the latter to present any request for review to the Manager for the prevention of corruption and for transparency .

The refusal, deferral or limitation of access must be motivated with reference to the cases and limits established by the art. 5 bis of Legislative Decree 33/2013.

Remedies in the event of refusal, deferral or limitations of access

In the event of total or partial denial of access or failure to respond within the deadline indicated above, the applicant may submit a request for review to the Head of Corruption Prevention and Transparency, who decides with a reasoned provision within the deadline. 20 days. (mod. annex 6)

If access has been denied or deferred for the protection of personal data, the Head of Corruption Prevention and Transparency shall acquire the opinion of the Guarantor for the protection of personal data, who must give his opinion within 10 days of receipt of the communication. In this case, the deadline for the adoption of the measure by the Manager is suspended until the opinion of the Guarantor is obtained and, in any case, for a period not exceeding the aforementioned 10 days.

An appeal may be lodged with the Regional Administrative Court against the decision of the Administration or, in the case of a request for review, against that of the Responsible for the prevention of corruption and transparency, pursuant to article 116 of the legislative decree of 2 July 2010, n. 104 (Administrative Process Code)

Contacts

Manager delegated for civic access

Dr. Vincenzo Barletta

Telephone 0916278211

Email address: [email protected]

Subject holding the substitutive power

Dr. Maria Laura Germanà – Responsible for the prevention of corruption and for transparency and integrity

Telephone: 0916278214

Email address: [email protected]

Attachments:

Attachment 1 Art. 5, 5bis and 5 ter Legislative Decree 33-13

Attachment 2 PTPCT Irvo

Attachment 3 DPRCT n. 1-15

Attachment 4 Generalized civic access request form.

Attachment 5 Extraordinary Commissioner Resolution no. 18/2016

Attachment 6 Review request form

Attachment 7 Art.116 Legislative Decree. 104-10