Il diritto alla protezione dei dati personali regolazione e tutela

[Autom. eng. transl.] The evolution of the regulatory system for the protection of personal data has led to the elaboration of the right to the protection of personal data which is not attributable to confidentiality and which has become the instrument to defend the inviolable rights of the person in the technological society. The administration must guarantee its realization through an independent regulatory authority that balances and balances the legally relevant interests of those who exploit the information and the people to whom the data relate. The study analyzes the fundamental characteristics of the powers of regulation attributed to the administration and considers the reasons for which these powers can be considered discretionary (and not only technical-discretionary) administrative functions, as these can be subjected to a trade union of excess of power at work of the judge. Again, the protection against this regulatory function, which is exclusively attributed to the ordinary judge, can be considered, which can apply to the administration, powers of cognition and decision extraordinarily wide for our system. In this regard, it is considered whether the Italian legislator has developed, in our subject, a model of unification of the constitutionally compatible and "exportable" jurisdiction in other areas of administrative activity.