suspended, to the day on which the opinion of the Data Protection Authority is received and in any case
for a period not exceeding the aforesaid ten days.
9. If the application is accepted, the opposing party may submit a request for review pursuant to
paragraph 7 and lodge an appeal with the Ombudsman pursuant to paragraph 8.
10. If the application for public access concerns data, information or documents the publication of which
is mandatory pursuant to this decree, the person responsible for prevention of corruption and for
transparency has the obligation to send the alert provided for by art. 43, paragraph 5.
11. Without prejudice to the obligations of publication envisaged by Title II, as well as the various forms
of access of the interested parties envisaged by Title V of Law n. 241 of 7 August 1990.
Art. 5-bis
(Exclusions and restrictions on public access)
1. The public access under art. 5, paragraph 2, is rejected if the denial is necessary to avoid a material
damage to the protection of one of the public interests concerning:
a) public order and safety;
b) national safety;
c) defence and military issues;
d) international relationships;
e) the politics and the economic and financial stability of the State;
f) the carrying out of investigations on offences and their prosecution;
g) the smooth conduct of inspection activities.
2. The access under art. 5, paragraph 2, is also rejected if the denial is necessary to protect one of the
following private interests and prevent them from being materially prejudiced:
a) personal data protection, in accordance with the applicable legislation;
b) freedom and secrecy of correspondence;
c) commercial and economic interests of individuals or legal entities, including their intellectual
property, copyright and trade secrets;
3. The right under art. 5, paragraph 2, is excluded in case of State secrets and in any other case in which
the access and disclosure is prohibited by the law, including the cases in which the access is subject to
the legislation currently applicable to compliance with specific conditions, modalities or restrictions,
including those provided for by art. 24, paragraph 1, of Law n. 241 of 1990.
4. Without prejudice to the obligations of publication envisaged by the legislation currently in force. If
the restrictions under paragraphs 1 and 2 concern only certain data or certain parts of the document
requested, the access to the other data or the other parts shall be permitted.
5. The restrictions under paragraphs 1 and 2 shall apply only to the period in which the protection is
justified in relation to the nature of the data. Public access cannot be denied if, for protecting the
interests under paragraphs 1 and 2, it will suffice to resort to the power of postponement.
6. For the purposes of defining the exclusions and restrictions imposed on the public access under this
article, the Italian National Anticorruption Authority, acting in accordance with the Italian Data