Transparency in Action in Italy: The Triple Right of access and Its Complicated Life

In the Italian legal system, according to Law No. 241/1990, access to administrative documents may be asked for by private parties, to protect their legal interests. According to Legislative Decree No. 33/2013, then, anyone can obtain so-called civic access to documents, information or data that are compulsorily to be published. Finally, Legislative Decree No. 97/2016 has introduced a new kind of civic access to data and documents held by public authorities, which may be asked for by anyone without giving a reason, with the exception of information about secrets to be kept in the public interest or private confidential data. The co-existence of the three forms of access has produced some problems, especially in their implementation. The analysis focuses on the rules in force and considers case law and interviews with practitioners. The conclusion of the analysis is that the legal framework complicates the practice of access to information, and the legal texts are not properly implemented in practice.