Generalized civic access

What is generalized civic access

The generalized right of civic access consists of a right of access not conditioned by the ownership of legally relevant situations and can concern all data and documents held by public administrations, beyond those for which the obligation to publish is established.
The rationale of the institute lies in the aim of promoting widespread forms of control over the pursuit of institutional functions and the use of public resources and of promoting participation in public debate. This right also constitutes an instrument for protecting citizens' rights and promoting the participation of interested parties in administrative activity.

If you intend to submit the request directly to the Office that holds the documents/data of interest, we suggest consulting the database of proceedings inserting Generalized Civic Access as a search item in the first column. For each record there are the telephone numbers and institutional email accounts of the competent offices.

Generalized civic access can be exercised by anyone, even if they are not Italian citizens or residents of the State. Furthermore, it is not necessary to provide any reason related to the interest in the documents or data requested.

In order to facilitate the submission of the application, the Municipality of Milan provides a specific form form fillable online after logging in to the portal.

The use of the online application allows the traceability of the request in all its phases, the immediate receipt via email of the copy of the request presented together with the identification number assigned by the system, and its rapid assignment to the competent office .
The request can also be presented in the following ways:

Also in this case the Municipality of Milan has prepared a form, which guides the applicant in filling in the fields relating to mandatory information for processing the request.

Naturally, the application can also be presented in free form, as long as it contains a series of mandatory information, as contained in the aforementioned form.
The request for generalized civic access, if it is not signed by the interested party in the presence of an employee assigned to the reception, must be signed or forwarded by ordinary email, obligatorily, together with an unauthenticated photocopy of an identity document of the signatory, which must be inserted in the file (see art. 38, paragraphs 1 and 3, of the Presidential Decree of 28 December 2000, n. 445). The lack of a copy of the document makes the application inadmissible. It will not be necessary to attach a copy of the identity document if the interested party sends the request from his certified email inbox, or signs it with a digital signature or proceeds to identify himself with the public digital identity system (SPID) or with the card electronic identity (CIE) or with the national services card (CNS).

In order to avoid distorted use which could jeopardize the correct exercise of administrative action, it is specified that the email inbox AccessoCivico@comune.milano.it  has the sole and exclusive purpose of collecting requests relating to the exercise of the Right of Simple Civic Access and/or Generalized Civic Access as provided for by the art. 5 of Legislative Decree no. 33 of 2013.

Therefore, outside of the aforementioned purpose, the email address indicated above must not be used.
For all other types of requests, reports and complaints, the Municipality of Milan makes the following channels available to users:

You need to locate the data, information or documents you wish to request. In fact, requests in which the subject is so vague that it does not allow the identification of the documentation of interest, or where the aforementioned request is manifestly unreasonable, are inadmissible. In such cases, the applicant may still be invited to further clarify his request, indicating the useful elements in his possession.

The release of data or documents in electronic or paper format is free, except for the reimbursement of the cost actually incurred and documented by the administration for reproduction on material supports.

Pursuant to Article 5 bis of the Transparency Decree, generalized civic access may be refused if the refusal is necessary to avoid concrete prejudice to the protection of a public interest relating to public safety and public order, national security, defense and military matters, international relations, politics and the financial and economic stability of the State, the conduct of investigations into crimes and their prosecution, the regular carrying out of inspection activities.
Furthermore, generalized civic access may be refused if the refusal is necessary to avoid concrete prejudice to the protection of a private interest related to the protection of personal data, the freedom and secrecy of correspondence, the economic and commercial interests of a natural or legal person. , including intellectual property, copyright and trade secrets.
Where the request for generalized civic access may affect the interests of interested parties linked to the protection of the aforementioned private interests, the Administration has the obligation to contact the interested parties by registered letter with acknowledgment of receipt (or electronically for those who have allowed this form of communication). In this way, the interested party can present (also electronically), within ten days of receiving such communication, a possible and reasoned opposition to the request for generalized civic access. Once this deadline has elapsed, the administration, having verified receipt of the communication from the other interested party, proceeds with the request for civic access.
Communication to interested parties is not required if the request for civic access concerns data and documents subject to mandatory publication.
The generalized civic access procedure must be concluded with an express and motivated provision within thirty days of the submission of the request with communication of the relative outcome to the applicant and any other interested parties. These deadlines are suspended in the case of communication of the request to the other interested party during the time established by the law to allow the same to present any opposition (10 days from receipt of the communication).
If accepted, the administration will promptly transmit the requested data or documents to the applicant, or, in the event that the request concerns data, information or documents subject to mandatory publication pursuant to Legislative Decree no. 33/2013, to publish the requested data, information or documents on the site and to notify the applicant of their publication, indicating the relevant hyperlink.
However, where the request for civic access has been accepted despite the opposition of the other interested party, the administration is required to communicate this to the latter.
The requested data or documents may be transmitted to the applicant no earlier than fifteen days from receipt of the same communication by the other interested party, also in order to allow the latter to possibly present a request for review or appeal to the ombudsman, or appeal to the administrative judge (see art. 5, paragraphs 7-9).
The body receiving the request for civic access pursuant to art. 5, paragraph 2, of Legislative Decree no. 33/2013 is required to justify any refusal, deferral or limitation of access with reference only to the cases and limits established by article 5-bis.
 

In case of total or partial denial of access or failure to respond within the deadline indicated in paragraph 6 of Legislative Decree no. 33/2013, the applicant can submit a request for review to the Head of Corruption Prevention and Transparency (RPCT), who decides with a reasoned provision within twenty days.

In order to facilitate the request, the Municipality of Milan provides a specific form fillable online after logging in to the portal.
The use of the online application allows the traceability of the review request in all its phases, the immediate receipt via email of the copy of the request presented together with the identification number assigned by the system, and its rapid assignment to the competent office.
The request for review can also be forwarded to the RPCT using the appropriate form form prepared, which must be sent according to the following methods:

The Guarantor for the protection of personal data may be consulted by the Head of Corruption Prevention and Transparency in the event of a request for review only where civic access has been denied or deferred for reasons relating to the protection of "the protection of personal data, in compliance with the relevant legislative provisions" (art. 5-bis, paragraph 2, letter a, Legislative Decree no. 33/2013). In such cases, the Guarantor issues a ruling within ten days of the request, during which the deadline for the adoption of the provision by the Corruption Prevention and Transparency Manager remains suspended.

As an alternative to the request for review, the applicant can present an appeal to the Ombudsman competent for the territory, which in the case of the Municipality of Milan is that of the Lombardy Region. In this case, the appeal must also be notified to the Administration. The Ombudsman must give his opinion within thirty days of submitting the appeal and if he considers the denial or deferral to be illegitimate he must inform the applicant and communicate it to the Administration. If the latter does not confirm the denial or deferral within thirty days of receiving the communication from the Ombudsman, access is permitted.

The decision of the Administration, or, in the event of a request for review, the decision of the Head of Corruption Prevention and Transparency, as well as the decision of the Ombudsman, may be challenged before the Regional Administrative Court pursuant to Article 116 of the Administrative Process Code (Legislative Decree no. 104/2010).

Updated: 04/04/2024