Amministrazione trasparente

Other contents: civic access

Altri contenuti: accesso civico

Normative source

Art. 5 Legislative Decree 33/2013, as amended by art. 6 of Legislative Decree 97/2016.

Company regulation for civic and documentary access (approved by the Board of Directors at the meeting of 06.27.2018 and immediately enforceable - attached).

What is civic access?

It is the right of anyone:

  • to request the publication of documents, information or data that the public administration is required to publish by law and which are not published (SIMPLE CIVIC ACCESS);
  • to access the data and documents held by the public administrations, documents other than those subject to publication pursuant to Legislative Decree 33/2013, in compliance with the limits relating to the protection of legally relevant interests (GENERALIZED CIVIC ACCESS).

To whom is the request for civic access presented?

If the request concerns data and documents subject to mandatory publication:

If the request concerns data and documents other than those of publication

  • to the Office that holds the documents
  • to the Public Relations Office (where established).
    form for generalized civic access request (attached)
    all'Ufficio che detiene i documenti

How is the application presented?

The request for simple or general civic access can be presented by completing the respective request FORM, shown above, which will alternate:

  1. Printed, signed and submitted by post to the following address: "ATAP SPA - via Candiani, 26 - 33170 Pordenone" or personally, together with a copy of the identity document of the person signing the application and other required attached documents.

or

  1. Scanned and sent as an attachment by e-mail or PEC, together with a copy for image of the identity document of the subscriber, to the e-mail address of the sector concerned, if known, or to the e-mail address This email address is being protected from spambots. You need JavaScript enabled to view it. or to the address of PEC of the body This email address is being protected from spambots. You need JavaScript enabled to view it., together with a copy of the identity document of the person signing the application and other requested documents attached.

or

  1. Digitally signed and sent as an attachment by e-mail or PEC to the addresses described above, together with the required attached documents.

Requests formalized in modules other than those made available to the Entity or instances inserted in the text of the e-mail message or PEC, even if not signed with electronic signatures, will be taken into consideration, compatibly with the rules also regarding access. provided that a copy of the applicant's identity card is produced at the same time or at the request of the Office.

Document release fees

The release of data or documents in electronic or paper format is free, except for the reimbursement of reproduction costs.

Presence of counter-interested parties

If the request for civic access concerns data or documents for which a counterparty is identified (excluding cases of mandatory publication), the following is applied to protect the legally relevant interests of the latter:

  • communication to the other party;
  • the other party can present justified opposition within 10 days;
  • the expiry of the 30-day period for the management of the access request it remains suspended until receipt of the justified opposition;
  • once this deadline has expired, the PA provides for the request, evaluating the reasons for the opposition;
  • the procedure closes with an express and motivated provision;
  • outcome is notified to the applicant and the other party.

Conclusion of the procedure

The procedure, depending on the case, can be concluded with the acceptance or refusal, except however the power of deferment and the limitations mentioned above.

1. Welcoming

  • the competent Office transmits the requested data / documents to the applicant within 5 days;
  • if the application concerns data, information or documents subject to mandatory publication pursuant to Legislative Decree 33/2013, the competent Office will publish them on the site and notify the applicant of their publication, indicating the hypertext link;

2. Acceptance despite the opposition of the other party

  • except in the cases of proven indifferibility, the competent Office will notify the other party and will forward the requested data or documents to the applicant, not before 15 days. from receipt of the same communication by the other party.

3. Refusal, postponement and limitation of access

  • The competent office motivates the negative provision, pursuant to art. 5, paragraph 6, of Legislative Decree 33/2013, notifying the interested party within 30 days. from the request.

Remedies against total or partial refusal or failure to reply within 30 days

The applicant, pursuant to art. 5, paragraphs 7 and 8:

ATAP S.p.a.
Via Candiani, 26
33170 PORDENONE (PN)
Tel: 0434-224411

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