SAFETY AND PRIVACY IN CONDOMINIUMS

The Condominium is a site of cohabitation among numerous individuals. Therefore, the needs for privacy and safety in condominiums must be accurately balanced with other rights relative to condominiums and potential third parties. Moreover, it is fundamental to understand that such data, if recklessly divulged, may reveal extremely delicate information on the residents of the condominium, with consequent violation of security.

On 25 May 2018 the EU 2016/679 Regulation was enacted and established on a European level. The standards relate to the protection of data of natural persons with regard to data processing and circulation.

Therefore whoever carries out operations “with or without the assistance of automated processes” on personal data, is subject to the standard and to its application.

The Lgs. Decree 101/2018, enacted on 19 September 2018, partially modified the Lgs. Decree 196/2003. The previous Privacy Code was adapted to the new provisions outlined by the European Regulation, to which all those who come into possession of personal data are subjected.

The list of people who process personal data includes also condominium administrators, who are obliged to process the data lawfully, correctly, and transparently.

ECO carries out evaluations on related risks and also verifies the technical and organisational measures adopted to guarantee compliance with the Regulation (GDPR).

ANTI-CORRUPTION LAW FOR CONDOMINIUMS INHABITANTS’ PRIVACY

The law under examination also introduced Article 2635 bis of the Italian Civil Code in order to punish incitement to corruption between private individuals. This provision expressly censures the intentional conduct aimed at the creation of the so-called pactum sceleris, or the action taken by a person who, in exchange for the violation of official duty and loyalty, offers or promises money or another undue benefit to directors of a company or private entity.

The law in question has extended the application of the provision also to the Condominium, wich has been identified as a “private entity”. Therefore, the penalty provision may be applied to the relative Administrators.

ECO offers the analysis service for the purpose of guaranteeing compliance with the requirements and calling attention to principles of violation of the obligations inherent in their office or obligations of loyalty.