il diritto alla riservatezza

[Autom. eng. transl.] The monograph is part of the series of studies by Prof. Giorgio Berti dedicated to "Law and Institutions". The essay wants to be a contribution to the rich and lively debate that has characterized the discipline on the protection of personal data. The link indicated by the legislator between the right to privacy and the processing of personal data has brought out a new dimension of this right, putting new and old reconstructive patterns in crisis. The stages that saw the juridical recognition of the right to privacy in our legal system are retraced through the critical examination of jurisprudence and doctrine to arrive at the different dimension that the same seems to have assumed with the law n. 675/96 and subsequently with the Code regarding the protection of personal data. An attempt was made to overcome those interpretations that the Code sees as a global guarantee of the person, proposing a reading of the discipline aimed at highlighting the multiplicity of underlying interests and values, in an eminently publicist interpretative key, through which we tried to grasp the osmosis relationship between public law and private law that seems to connote the sector legislation of our times. Various issues are addressed, including: the constitutional foundation of the so-called new rights, the relationships between community legislation and national legislation, the representation of subjective rights within constitutional provisions to protect freedoms and fundamental rights, the qualification of the right to the protection of personal data, the nature of ordinary law or "constitutional relief" of the Code, the role of the Guarantor for the protection of personal data in the balancing of interests, the relationship between circulation of information and confidentiality.