Tra obblighi di trasparenza e diritto alla riservatezza: verso una trasparenza di tipo “funzionale”

According to some readings, the Italian system, with the entry into force of the Act of 2013, would have evolved from a partial accessibility model with a subjective legitimacy to a partial accessibility model with objective legitimacy. Aim of this contribution is to confirm that this conclusion today cannot be shared and that, though undoubtedly administrative transparency has expanded with the legislative decree no. 33/2013 and it will expand to include the implementation of the so called Madia law, one cannot say that the Italian system has already operated the transition to the accessibility model to information of an objective type, which does not provide for a subjective legitimacy to ask for access to administrative documents. The art. 24 paragraph 2 letter d) of Law No. 241/90, which is without prejudice to the need of protecting the “privacy of third parties, persons, groups and businesses”, together with the Guidelines approved by the Data Protection in May 2014 have helped the “containment” of transparency and the “rescue” of the subjective interest as a prerequisite for access.