Italian private law

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Italian private law

What are you allowed to shoot? A few weeks back a reader of the website said he wrote an article on the legality of street photography in Italy.

Italian private law

Andrea Monti, who is a Italian lawyer with a growing interest in photography put together the following article on his website: Anyway, whether you photograph for fun or on assignment, Italy has a lot to offer visually.

Its interesting to see what is legally on the table and what is not allowed. I would like to thank Andrea for putting this entry together. But please — reader — take into account that what follows is a general account, and as such it may need to be adapted to the specific circumstances related to the time, space and place of the photography in question.

It cannot be carried contrary to the social needs o in such a way to damage safety, freedom and human dignity. Although this is a fairly common situation, not only in Italy, there is very limited power under the protection of privacy to stop casual street photography.

First it is important to understand that privacy as such is not protected by a specific section of the Constitution, but such protection can be claimed by combining a few constitutional provisions: A third party violates privacy and is a crime under Sect bis Criminal Code, if the object of the photograph is conduct hidden from normal visibilitysince the protection of the private space is granted only to what is done in such conditions that are not visible to the general public.

Thus, if an event happens in a private place but can be freely seen without particular means telephoto, for instance — n.

A very short introduction: Thus, to summarize the point: Again, the question is not peculiar to Italy, but the answer actually does. Thus the Data Protection Act cannot be invoked to prevent a photographer to exercise his constitutional prerogatives.

This would be wrong even if data protection were clearly set among the Constitutional Rights, because every single right — including the protection of human life — has to be balanced against the others.

Thus it would have been impossible to configure an intrinsic and absolute superiority of privacy — let alone data protection — over the set of the remaining constitutional rights.

Does photography falls within the scope of the IDPA? Is a photographer subjected to the IDPA? Is there any exception? Is a photographer required to get a prior consent before shooting candid pictures?

Guide to Law Online: Italy | Law Library of Congress

If the photographer shoots for personal use, no, otherwise — accordingly to a strict and incorrect interpretation of the IDPA — yes.Italian law and street photography by Andrea Monti. An introduction to the legal limits of street photography in Italy. Buy Italian Private Law (UT Austin Studies in Foreign and Transnational Law): Read Kindle Store Reviews - Ravarino & Freschi, Mrs.

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That's why an Italian jurist might take issue with some of what you are about to read here. (Funny, though, how Italian law schools usually present information on the United States Constitution and English Common Law as models to be studied, while nobody outside Italy bothers learning much about Italian law.).

This Guide to Law Online Italy contains a selection of Italian legal, juridical, and governmental sources accessible through the Internet. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics.

UPDATE: Guide to Italian Legal Research and Resources on the Web - GlobaLex