Italian Legislative Decree No. 101/2018: an analysis of the comparative experience on the implementation of the GDPR

• Autor(a) principal: Faleiros Júnior, José Luiz de Moura
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Científica Disruptiva
• Texto Completo: http://revista.cers.com.br/ojs/index.php/revista/article/view/119
• topic: Proteção de dados; RGPD; LGPD; Decreto Legislativo italiano 101/2018; Data protection; GDPR; LGPD; Italian Legislative Decree 101/2018; protección de datos; RGPD; LGPD; Decreto Legislativo Italiano No. 101/2018

The creation of regulatory frameworks specifically aimed at safeguarding the gathering, processing and storage of personal data is an inexorable trend and, in 2018, the General Data Protection Regulation (GDPR) on the European continent, as well as promulgation of the Brazilian Data Protection Law, were important events. In Italy, which has long been trying to regulate the protection of personal data, this exercise came with the advent of the newest amendment to the Codice della Privacy (Legislative Decree No. 196/2003) of that country: Legislative Decree No. 101, of August 10 of 2018, which entered into force on September 19, 2018. Starting from the problematization related to the difficulty of realizing the fundamental right to data protection, the present study works with analysis of the comparative experience in the effort to extract substrates that lead to this purpose. The hypothesis is based on the identification, in the foreign source, of comparative substrates for dealing with the problem-theme, in particular regarding the identification of inspiring compatibilities, from which Brazilian legislation could benefit. Among several items, eight were selected for further analysis. Methodologically, the study works with a theoretical, exploratory and comparative approach. In conclusion, it appears that the potential solutions that might be incorporated into the national legal system in order to reach the desired normative amplitude can, in fact, be obtained from comparative exploration.