L’informativa trasparente nel trattamento dei dati personali da parte della pubblica amministrazione

TRANSPARENT INFORMATION IN PERSONAL DATA PROCESSING BY THE PUBLIC ADMINISTRATION. The present article deals with a particular aspect linked to the compliance with the GDPR from the perspective of the public administration, i.e. the information to be provided in relation to any processing of personal data. The article is divided into three parts. The first part attempts to reconstruct the evolution that has led from fairness to transparency as a guiding principle in the processing of personal data. In the second part, the constituent elements of the concept of transparency are identified in the light of a broader reflection, taking into account the concept of transparency in administrative, banking and EU law. In the third part, the information obligations enshrined in the GDPR are examined in depth, taking into account both certain specific processing operations carried out by public administrations (such as the processing of personal data in the context of scientific research) and the profiles inherent to the justiciability of these obligations. The analysis shows how the new elements contained in the GDPR can lead to the design of compliance with information obligations as part of a collaborative relationship between citizens and public administration.