Italy · Accesso Civico Generalizzato (FOIA)

Italy's FOIA, from generalised access to the TAR

AccessPoint manages accesso civico generalizzato requests under D.Lgs. 33/2013, as amended by D.Lgs. 97/2016 — the 30-day decision, the Article 5-bis limits, and the controinteressati notice, with RPCT and TAR review — pre-configured for Italy and running inside your own Microsoft 365 tenant.

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Italy at a glance

Response deadline
Express, reasoned decision within 30 days of the request (art. 5, comma 6)
Controinteressati
10-day notice to counter-interested parties suspends the clock (art. 5, comma 5)
Limits
The Article 5-bis absolute limits and the relative concrete-harm limits
Charges
Free; reimbursement only of the actual reproduction cost on physical media (art. 5, comma 4)
Oversight
ANAC guidelines with the Garante; riesame by the RPCT, then the TAR (art. 5, commi 7–8)
Languages
Italian; ships Italian and English

Built for Italy

One platform for the whole access-and-privacy mandate, pre-configured for this regime and running in your own Microsoft 365 tenant.

Accesso civico generalizzato lifecycle

Intake to decision under D.Lgs. 33/2013 — the 30-day clock, the controinteressati check, the Article 5-bis limits, and the riesame and TAR paths — all on Microsoft 365.

Controinteressati notice

Before releasing, identify counter-interested third parties whose data, correspondence, or commercial interests could be harmed, notify them, and run their 10-day opposition window — with the clock suspended (art. 5, comma 5).

The 30-day clock

Conclude with an express, reasoned decision within 30 days of the request, communicated to the applicant and any controinteressati — with the up-to-10-day suspension computed and reminded for you (art. 5, comma 6).

The Article 5-bis limits

Apply the absolute limits — state secret and other statutory prohibitions — and the relative public- and private-interest limits, refused only to avoid a concrete harm, on a colour-coded, audit-trailed redaction record.

Free, bar reproduction cost

Access is free; the administration may recover only the actual, documented cost of reproduction on physical media — no administrative processing fee (art. 5, comma 4).

In your own tenant

Every request and record stays inside your own Microsoft 365 and Azure tenant — no third-party cloud, no cross-border transfers, and no per-user fees.

Generalised access, with a third-party check

Anyone can ask for any document — but first the counter-interested parties get their say.

Accesso civico generalizzato lets anyone request data and documents the administration holds, beyond what it must publish, without giving a reason. But before releasing, the administration must look for controinteressati — third parties whose personal data, correspondence, or commercial interests the disclosure could harm. Each is notified and has ten days to object, and the 30-day clock is suspended while they do. The administration then decides; a refusal goes to the RPCT for riesame, and on to the TAR. AccessPoint runs the whole path, each stage on its own clock.

A right for anyone Generalised civic access to any held document, no reason required (art. 5, comma 2).
Controinteressati notice A 10-day opposition window for counter-interested parties that suspends the clock (art. 5, comma 5).
Riesame then the TAR RPCT review within 20 days, then the regional administrative court (art. 5, commi 7–8).

Configured out of the box

Installing the it-foia configuration pack seeds your tenant with everything this regime needs — a starting point you can adjust, not a lock-in.

Related guide: FOI Workflow Quick Check
  • D.Lgs. 33/2013, as amended by D.Lgs. 97/2016, as the legal-authority and citation spine
  • The Italian national holiday calendar with the 30-day decision due-date rules (art. 5, comma 6)
  • The controinteressati workflow — the notice, the 10-day opposition window, and the clock suspension (art. 5, comma 5)
  • The Article 5-bis absolute limits and relative concrete-harm limits, colour-coded for redaction
  • The RPCT riesame and the TAR and Difensore civico review paths, each on its own clock (art. 5, commi 7–8)
  • The reproduction-cost fee rule for physical copies, with access otherwise free (art. 5, comma 4)
  • Italian timeliness tracking across the request, the riesame, and any court referral
  • Access correspondence templates in Italian and English with the statutory wording

Italy Questions

When must an Italian administration respond to a FOIA request?
The procedure must conclude with an express, reasoned decision within 30 days of the request, communicated to the applicant and to any counter-interested parties (art. 5, comma 6). Where controinteressati are notified, the clock is suspended for up to 10 days while they may object (art. 5, comma 5). AccessPoint computes the 30-day deadline and the suspension on the working calendar.

What makes Italy different — generalised access and controinteressati?
Accesso civico generalizzato gives anyone the right to any data or document the administration holds, beyond mandatory publication, without stating a reason. Before releasing, the administration must find any controinteressati and give them 10 days to oppose, suspending the clock; a refusal is reviewed by the RPCT within 20 days and then by the TAR (art. 5). AccessPoint runs the third-party notice, the riesame, and the court referral as linked records.

What can an administration charge?
Access is free. The administration may recover only the actual, documented cost of reproducing the material on physical media — there is no charge for processing the request (art. 5, comma 4). AccessPoint computes any reproduction cost and issues it with the decision.

Where does data reside?
Entirely within your own Microsoft 365 and Azure tenant. Requests, documents, and audit history never leave your control — no third-party cloud, no vendor access, and no cross-border data transfers.

Run Italy's Accesso Civico (FOIA) in One Platform

Try AccessPoint free for 30 days, pre-configured for Italy. No credit card required.

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