Civic access
Regulatory references: art. 5 of Legislative Decree 33/2013 as amended and supplemented.
Simple civic access provides for the right of anyone to access data, information, or documents subject to publication obligations (article 5, paragraph 1, of Legislative Decree no. 33/2013 as amended and supplemented);
General civic access provides for the right to access data, information, or documents held by public administrations, in addition to those subject to publication (art. 5, paragraph 2, of Legislative Decree no. 33/2013 as amended and supplemented).
The University of Padua has adopted the Regulations governing the exercise of rights of access to data, information, and administrative documents held by the University of Padua.
In these Regulations, in addition to simple civic access and general civic access, access to records (or documentary access) is also regulated. The latter provides for the right of anyone with a direct, concrete, and current interest, corresponding to a legally protected situation and connected to the document for which access is requested, to inspect and obtain a copy of administrative documents.
For the release of data or documents in electronic or paper format, reimbursement is required for the actual cost incurred and documented by the administration for reproduction on physical media according to the rates indicated in Annex A of the above-mentioned Regulations. For requests for access to documents governed by Law no. 241/1990 , a fixed contribution for search rights is also required.
The simple civic access request must contain the following elements:
a) first and last name of the applicant;
b) applicant’s contact details for sending the response;
c) indication of the data, information, or documents that the University is required to publish in the Amministrazione Trasparente section of the institutional website and has not published or has published only partially, to which the access request refers.
The simple civic access request does not need to be justified and must be submitted alternatively:
a) to the Office holding the data, information, or documents;
b) to the Public Engagement Office – Public Relations Sector (email: urp@unipd.it - tel. 049 827 3338);
c) to the Legal Affairs Office - Privacy, Transparency and Anti-Corruption Sector (email: anticorruzione.trasparenza@unipd.it – tel. 049 827 1532 - 3049 - 3009);
d) to the Head of Corruption Prevention and Transparency, Dr. Maria Rosaria Falconetti (contacts of the RPCT Support Sector: email: anticorruzione.trasparenza@unipd.it – tel. 049 827 1532 - 3049 - 3009).
The request may also be sent to the certified email address amministrazione.centrale@pec.unipd.it.
The request may be submitted by the applicant electronically or by registered mail with return receipt or delivered by hand against receipt, preferably using the specific form provided below.
Pursuant to Article 14 of the above-mentioned University Regulations, in the event of inaction, delay, omitted publication, or failure to respond within the prescribed time limits (30 days from receipt of the request by the University), the applicant may обратиться to the Head of Corruption Prevention and Transparency (RPCT), preferably using the form provided below. The RPCT shall act within fifteen days of receiving the request.
The request for general civic access does not need to be justified and must be submitted alternatively:
a) to the Office that holds the data, information, or documents, if known;
b) to the certified email address: amministrazione.centrale@pec.unipd.it
c) to the Public Engagement Office - Public Relations Sector (email: urp@unipd.it - tel. 049 827 3338);
d) to the Legal Affairs Office - Privacy, Transparency and Anti-Corruption Sector (email: anticorruzione.trasparenza@unipd.it – tel. 049 827 1532 - 3049 - 3009).
The application may be sent by the applicant electronically or by registered mail with return receipt requested or delivered by hand against receipt, preferably using the specific form provided below.
The officer in charge of the procedure communicates the application to the parties with a counterinterest in the general access request by sending a copy by registered mail with return receipt requested or electronically, for those who have agreed to this form of communication.
All parties who, because of the access, could suffer concrete prejudice to the protection of personal data, the freedom and confidentiality of correspondence, or economic and commercial interests, including intellectual property, copyright, and trade secrets, pursuant to Article 16, paragraph 2, letter b) of the above-mentioned University Regulations, are considered parties with a counterinterest in the general access request.
The parties with a counterinterest may submit a reasoned objection to the access request within ten days of receiving the communication, including electronically, preferably using the following form
The general access procedure concludes with an express and reasoned measure within thirty days from the receipt of the application by the University. For the time limit for concluding the procedure in the presence of parties with a counterinterest, please refer to Article 20 of the University Regulations.
Within 15 days of receiving notice of the final measure, the applicant, in the event of total or partial rejection of the access request or failure to respond within the prescribed time limit, or the parties with a counterinterest in the general access request, in cases where the access request is granted despite their reasoned objection, may submit a request for review to the officer responsible for the prevention of corruption and transparency (RPCT), preferably using the following form:
The RPCT decides by means of a reasoned measure within twenty days of receiving the application.
The right of documentary access may be exercised by anyone who has a direct, concrete, and current interest corresponding to a legally protected situation and connected to the document for which access is requested.
The right of access may be exercised informally only if it is possible to ascertain immediately, based on the nature of the requested document, that the following conditions are met:
a) there are no doubts as to the applicant's entitlement;
b) there are no parties with a counterinterest in the documentary access.
If the above conditions are met, the request may be submitted, including verbally, to the office competent to draw up the document or to hold it on a stable basis.
The formal access request, preferably using the specific form indicated below, must be addressed to the office competent to draw up the document or to hold it on a stable basis, or alternatively to the certified email address amministrazione.centrale@pec.unipd.it.
In addition to being sent electronically, the application may also be submitted by the applicant by registered mail with return receipt, by fax, or by hand delivery with receipt.
The formal access application must contain:
a) the applicant's first and last name;
b) the applicant's contact details for sending the response;
c) the details of the document or the elements that allow it to be identified;
d) the direct, concrete, and current interest corresponding to the legal situation connected to the document;
e) the manner in which the right of access is requested to be exercised;
f) the date and signature.
The Access Register, provided for by the A.N.AC. FOIA Guidelines (Resolution 1309/2016), updated every six months, contains the list of requests for access to administrative documents pursuant to L. n. 241/1990 e s.m.i. and of simple civic access and general civic access pursuant to D.Lgs. n. 33/2013 e s.m.i. submitted to the University, with an indication of the most relevant data relating to the individual access procedures (it is published with any personal data that may be present redacted).
According to the regulations, from 1 March 2021 the University of Padua must collect payments through the new PagoPA payment system.
Payment of the reimbursement of copy reproduction costs and of contributions for search rights due to the Central Administration of the University must no longer be made by bank transfer to the usual IBAN, but instead by connecting to the PagoAtenei "Payments Portal" of the University of Padua:
https://unipd.pagoatenei.cineca.it/portalepagamenti.server.frontend/#/modellopagamento?id=157&lang=it
For the English version:
https://unipd.pagoatenei.cineca.it/portalepagamenti.server.frontend/#/modellopagamento?id=157&lang=en
The Spontaneous Payment function makes it possible, once the mandatory fields have been completed, to proceed with the "immediate payment" by choosing from the various online methods available, or alternatively to print the Payment Notice and pay at a later time (within 5 days) using one of the payment channels mentioned in the Notice.
Payments due to the University Structures (Departments, Centres, etc.), although subject to the obligation to use PagoPA, must be made according to the instructions provided by the latter: use of the web page indicated above is not permitted.