Material and territorial scope of Italian data protection law

Applicability of the Italian data protection legislation to deceased persons

The Italian Code of Data Protection extends its scope to the deceased, namely their enforcement of data-subject rights (Article 1522 GDPR). Specifically, Article 2-terdecies allows other persons who have an interest (e.g., for family reasons) to exercise the data subjects’ rights of deceased persons, unless it is forbidden by law or in case of the direct offer of information society services, if the deceased expressed such a wish by a written declaration.