Il consenso al trattamento dei dati personali del minore

Abstract The right to the protection of personal data is a fundamental right, in accordance with the art. 8 of the European Constitution, the Italian Code on the personal data processing and the EU Regulation 2016/679 (GDPR). Among the requirements of legiti- macy of the treatment, both under Italian and European legisla- tion, it stands out the consent of the interested party. If the latter is the minor, it is important to investigate on his capacity to give consent to the processing of his personal data; otherwise, it arises the problem of the legitimacy of the holders of parental respon- sibility on his behalf. On this point, without a general require- ment in the Privacy Code, the GDPR provides significant causes of reflection for a positive solution of the problem regarding the minor over-16 capacity to directly give consent to the personal data processing in the Italian legal system.