Italian Privacy Law and genealogy websites!!!

mahart · Mem Joined: Oct 01, 2007 Posts: 31 Location: Liverpool UK

Advice please regarding the Privacy law and the treatment of archived data in Italy.
Are their legal issues in Italy regarding transcribing researched archived data and summarising it on your own genealogy website? My dilemma is this: a cousin I met through my research who still lives in the comune of my research, got interested in researching the family and started to search the municipal and church archives for us, so you could imagine how this has pushed my research along. It probably would have taken me 10 years of banging my head against church and archive doors just obtain half of what he has uncovered in months. But he has contacted me recently through email after a conversation he had with an archivist with concerns relating to how we are treating the information of our ancestors, and that we might be breaking the Italian privacy law. The problem is I have good understanding of English law relating to the use of archived data but not Italian and my cousin is a policeman so I can understand his concerns. Also my intention has never been to misuse researched information but just to share it so does this have implications to all the information on my web site?
He wants to know my opinions regarding these issues so I need advice or link to advice relating to the use of archived data in Italy.

Any advice most be most appreciated.

Mark

nuccia

I would definitely contact Riccardo with this one. He has a good understanding of Italian Privacy laws and could probably answer this question. Also, Ann, Italysearcher may be able to offer expertise here as well since she has lived on both sides of the world. If they don't see this post you may want to PM (and then come back to share with us).

mahart · Mem Joined: Oct 01, 2007 Posts: 31 Location: Liverpool UK

Thanks for the advice Nuccia, I'll wait a little then contact one or both of them and yes of course I'll post back here.
Mark

Italysearcher

I am in the Province of Frosinone and my experience has been that the privacy laws are interpreted at the whim of the person in charge. Interpretation varies from town to town and Diocese to Diocese. In Sora for example the civil records from 1866 to today cannot be accessed by anyone except the staff and photocoies are available only to related persons. Having said that, the Archvio di Statato in Frosinone has permitted the LDS to film these same records and they are available to anyone. The Archivio di Statto will allow photocopies at a very small charge with no requirement of relationship.
The Curia of Frosinone has told me no access to parish records. Veroli (which is part of the same Diocese) allows me to search and take photos of the records I locate.
I have photographed the parish records of a couple of parishes but have assured the priest that they will not be released as a complete set, sold or published on the internet.
Publishing actual records on the internet could be a problem. Indexes should not be a problem and anyone who feels they want a copy of the record could contact you directly. Of course this puts you in a position of looking up individual records. I am assuming of course that he took photos of these records and did not just transcribe by hand.

mahart · Mem Joined: Oct 01, 2007 Posts: 31 Location: Liverpool UK

Hi Ann,
Thanks for your input on this, I suspected there would be ambiguity surrounding the Italian privacy laws, it seem regarding these type of laws, regardless of country they are always open to interpretation. The majority of our research as been undertaken in Molfetta, Giovinazzo and Trani. And to answer your question he as been sending me, at my request photographs of the records. We are talking parish records military lists, tax levy lists (catasto etc) and notary deeds. I have not got back to him yet regarding his concerns because I wanted to weigh up opinions here first. Initially I was concerned that he thought the information on my website already broke the Italian privacy laws but now I'm thinking that he is concerned after his conversation with the archivist that I may publish the photographs and sensitive detailed information regarding our family he has uncovered, and believe me there is some skeletons in the closet. Ironically I have had no intension to do this, I intended only to use transcription material we have both done and I certainly will not be putting any details of skeletons in the closet stuff on it. Also I did already know it is against Italian law to publish any details taken from Notary deeds, regardless of their antiquity, So hopefully if I explain this to him all will be ok.

Going back to Notary deeds, now that is a resource well undervalued, there is lots of detailed information to be uncovered there, which could give you a real insight to your ancestors plight in life at a particular time.

Mark

Luca

Italysearcher wrote:

In Sora for example the civil records from 1866 to today cannot be accessed by anyone except the staff and photocoies are available only to related persons...

A Sora, oltre ad essere probabilmente dei grossi "scansafatiche", sono dei completi ignoranti dei disposti della legge vigente che non solo garantisce a chiunque di richiedere estratti e copie integrali di atti dello Stato Civile (ci sono alcune regole, ma diciamo per semplicità che ogni atto con più di 70 anni è fuori completamente dalla legge che riguarda la privacy) ma addirittura ne permette l'accesso diretto (ossia la consultabiità in prima persona dei registri).
Ignorantia legis non excusat ma, purtroppo, grazie al lassismo italiano spesso questi impiegati che fungono da pubblici ufficiali fanno, all'interno del loro ufficio, il bello e il cattivo tempo (fin quando non trovano qualcuno che li denuncia per omisssione di atti d'ufficio e allora si sveglano!!!).
L.

P.S.
Sorry for italian, but i have not much time for a translation

Italysearcher

Sono riuscita di capire e sono d'accordo!