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Data protection in Italy is currently governed by Legislative Decree No. 196/2003 which implemented EU Directive 95/46/EC into law. Under the law, personal data must be processed lawfully and fairly, and be collected and record for only a specific, explicit and legitimate purpose. Further, personal data processing must be accurate, relevant, not excessive and retained for only as long as necessary to fulfill the processing's purpose. The data protection law also affords data subjects many rights, including the right to access personal data, rectify or update personal data, and obtain erasure, anonymization or blocking of personal data.
Additionally, the data subject must provide express consent for personal data processing that is specific, informed and freely given, and is documented in writing. Many experts believe that consent as it relates to employment can never truly be "freely given" - so employers should consult with a qualified legal expert to determine what steps should be taken if an individual were to refuse consent to a background check.
It is also important to note that the data privacy landscape throughout the European Union is shifting due to the passage of the General Data Protection Regulation (GDPR) which goes into effect May 25, 2018. As noted in the introductory notes of the legislation, the fragmented nature of data privacy across member states created significant challenges to businesses in terms of compliance and presented different rights for individuals depending on where they resided. Instead, the GDPR will represent a uniform law that all impacted companies must adhere to. The GDPR presents strengthened protections for data subjects as well including a "right to be forgotten", easier access to their data, and stronger enforcement of the rules.
The EU-US Privacy Shield presents one method for lawful data transfers from Ireland (or any other member state) to the United States. The Privacy Shield is the result of an agreement between the European Commission and the US following the invalidation of the US-EU Safe Harbor Framework in October 2015. Info Cubic self-certifies compliance with the EU-US Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use and transfer of personal data from the European Union member states to the United States. More information about this program may be found here: https://www.privacyshield.gov/welcome and a list of active and inactive organizations, including Info Cubic's certification, may be found here: https://www.privacyshield.gov/list.
For further information, download our Italy Country Sheet.
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Requirements: Name, date of birth, city, release form
The criminal record check offered by Info Cubic obtains theCertificato Penale del Casellario Giudiziale (Penal Certificate) which includes criminal convictions that are considered final. According to Article 24, of Decree of the President of the Republic No. 313 of Nov 14, 2002, the Penal Certificate will not include all data contained in the Judicial Record Register including information such as:
Note: Particular checks, such as the MVR or criminal search, should only be performed when directly tied to the position being filled.
Requirements: Name, date of birth, address, general release, copy of valid passport or ID Card or Italian driver’s license, birth certificate (for candidates born in Italy but living abroad and holding a foreign ID/passport)
This is the most comprehensive search through the Ministry of Justice (Ministero della Giustizia). Info Cubic is able to obtain police certificates in Italy. An electronic version of the police certificate is provided to you at no additional cost. If you would like to have the original certificate mailed to you, additional fees and turnaround times will apply. The exact type of certificate that is provided is the Certificato Penale del Casellario Giudiziale. The search will return crimes comparable to felonies.
Requirements: Name, date of birth, address (last registered address in Italy), Italian tax identification number (16 alphanumeric characters), place of birth, release
This search is performed through the Court of Cassation that has jurisdiction over the address provided for the subject. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.
Requirements: Name, date of birth, address, Italy Fiscal Declaration Number (required for citizens of Italy)
This nationwide search is performed through the Cerved Group. Report may include file date, case number, name of court where case was filed and case status if a bankruptcy case can be located.
Financial information in Italy should only be collected and used as part of an employment decision if it is substantially related to the position being filled.
Requirements: Name, date of birth, school name, degree, major, dates of attendance, city of school, release form
It is common to verify only the highest degree obtained by a candidate. Educational institutions will be contacted to verify dates of attendance, graduation date and degree information.
Requirements: Name, date of birth, employer name and contact information, release form, date of employment, position held
Employers will be contacted to verify the individual’s title, dates of employment and if the candidate is eligible for rehire. Typically employment verifications do not extend beyond a 7 year time frame in the absent a legal or regulatory requirement to obtain that information.
Requirements: Applicant name and date of birth, reference's relationship, contact name and contact information (including phone number and email address)
This search is conducted via telephone (or at times e-mail) with the individual’s personal or professional references using a standard list of questions.
Requirements: Name, date of birth, address, color copy of driving license (front and back)
A verification of driver's license credentials and status for that jurisdiction. Results may also include driver history, conviction history, expiration, driving restrictions, and identity information.
Requirements: Name, Date of Birth, Address, Identification Number, Signed Release Form
The individual credit report includes insolvency and bankruptcy information.
This search verifies the individual’s claimed license. Most often, the Professional License Verification simply provides the current status of the license claimed; however, other details such as license number, date of issuance, expiration and disciplinary action will be provided when available.
Requirements: Name, date of birth, address
The Global Monitor Check (GMC) is database product that searches a variety of databases including (but not limited to):
Requirements: Name, DOB, Address, Consent Form, Identification Card Color Copy (Front and Back)
A validation and/or verification of the data subject’s identity documents.
Requirements: Name, date of birth, address, passport copy, company name where directorship was held, company address, In-Country Residence History Form
A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.
Requirements: Name, date of birth, city, school name, degree obtained, dates of attendance, city of school, employer name and contact information, dates of employment, position and release form
The employment screening package provides discounted price rather than ordering individual products. It includes:
Requirements: Name (including former name), dob, address, Italy Tax ID number(Codice Discal), release
The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.
Requirements: Name (including former name), dob, address, release
The Civil and Bankruptcy Search Package offers discounted pricing of our most popular due diligence searches. This bundle includes one civil records search and one bankruptcy records search, based on the jurisdiction of the address provided.
If you would like to obtain an Italian police record on your own, follow the instructions below.
Persons within Italy can obtain the certificate by applying in person or by mail at any office of the Procura della Repubblica. Such offices are located in all major cities and in many small cities and large towns. Those who apply in person must submit a written request, a photocopy of a photo ID and all fees. The certificate is usually provided the day of the request.
Persons outside of Italy can obtain the certificate by requesting it by mail, whether from within or outside Italy, must submit a written request, a photocopy of a photo ID and all fees, along with a stamped, self-addressed envelope. Mail requests are normally processed within three working days. Information concerning fees and application procedures is available from any office of the Procura della Repubblica. Ufficio del Casellario Giudiziale della Procura della Repubblica, Piazzale Clodio, 00100 Rome, Italy.
Data protection in Italy is currently governed by Legislative Decree No. 196/2003 which implemented EU Directive 95/46/EC into law. Under the law, personal data must be processed lawfully and fairly, and be collected and record for only a specific, explicit and legitimate purpose. Further, personal data processing must be accurate, relevant, not excessive and retained for only as long as necessary to fulfill the processing’s purpose. The data protection law also affords data subjects many rights, including the right to access personal data, rectify or update personal data, and obtain erasure, anonymization or blocking of personal data.
Additionally, the data subject must provide express consent for personal data processing that is specific, informed and freely given, and is documented in writing. Many experts believe that consent as it relates to employment can never truly be “freely given” so employers should consult with a qualified legal expert to determine what steps should be taken if an individual were to refuse consent to a background check.
It is also important to note that the data privacy landscape throughout the European Union is shifting due to the passage of the General Data Protection Regulation (GDPR) which goes into effect May 25, 2018. As noted in the introductory notes of the legislation, the fragmented nature of data privacy across member states created significant challenges to businesses in terms of compliance and presented different rights for individuals depending on where they resided. Instead, the GDPR will represent a uniform law that all impacted companies must adhere to. The GDPR presents strengthened protections for data subjects as well including a “right to be forgotten”, easier access to their data and stronger enforcement of the rules. The GDPR establishes six privacy principles. Those privacy principles are:
At Info Cubic, data privacy and protection is of the utmost importance. The following associations and certifications prove our commitment to data security.
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