Anonymity and the Law in Italy

Anonymity is a concept that arouses suspicion, with which obscure activities are usually associated. May anonymity, however, constitute a right? Neither a general right to anonymity nor a duty to reveal oneself exist in the Italian legal system: both are stated with references to particular needs. While the Italian legal system recognises a general right to a name, it does not recognise a general right to anonymity. Therefore the picture for the Italian jurist is inevitably fragmentary.Anonymity is recognised as a right by some special legislation. For instance, it is recognised in the case of a drug addict when he enters detox; in the case of a mother who does not want to reveal her identity at the time of the child birth; and for an author, if provided for by contract. In other cases, the legal system states a duty of anonymity. For example, in the case of donation of organs or bone marrow and in certain particular cases provided by tax law. The chapter examines the legal understanding of anonymity in Italy. In the Italian context, the concept of anonymity does not belong to public or private law but is more of a general concept. The chapter examines the use of concept of anonymity in Italian Constitutional Law, in Criminal, Private and Public Law. In other cases, anonymity is not a right, but a mere principle. It is meant to protect the impartiality of public administration in case of public examination and public contract. In many other cases, anonymity is an extreme form of protection of personal data.