Thanks to Roberta Milano I heard the news that the 'National Tourism ENIT prohibits the link to your site .

Among the curious and incredulous I went to read the content of the conditions of use and privacy ENIT (which you can reach by clicking on this link ) that provide verbatim

"It 's not allowed to operate on stable at this site (ie as a link) without the prior formal consent ENIT. ENIT reserves the right to pursue any abuse in this regard"

The home page of ENIT

Those involved in new technologies law surely remember that the debate on the legality of linking has already occupied scholars and judges.
It is widely noted that the structure of the Internet and its capacity expansion is based on the concept of links, usually those who want to create a Web site that is visited by many people as possible and, therefore, must be achieved by multiple pages possible. For this reason, many have argued that anyone who publishes content on the Internet, you agree implicitly to other linkino its pages.
Moreover, to deny this consensus would prevent the existence of search engines. It is therefore possible to state that, in principle, the link is legitimate. There are, however, cases where a link may be illegal, what happens with regard to links to content protected by copyright, or when the link constitutes unfair competition or is intended to denigrate the character linked.
Obviously, it is conceivable that the manager of a site is generally contrary to the publication of a link to your site on pages other people without their consent. In this case, the contrary intention must be explicitly expressed (for example, precisely by means of a "disclaimer"). Of course, no disclaimer would otherwise prohibit the right to cite a web page for purposes other than profit, otherwise an excessive and intolerable compression of freedom of expression guaranteed by ' Art. 21 of our Constitution .

If ENIT, however, the legal problem is another. ENIT - National Tourism Agency has, pursuant to Law no. 80/2005 and art. 2, paragraph 1, Presidential Decree no. 207/2006 , a public non-economic, ie, a Central Public Administration.
The legal nature of ENIT means that the Authority is required to apply all the rules relating to the computerization of the Administration and, in particular, the Digital Administration Code (Legislative Decree no. 82/2005). Well - apart from any consideration of its appropriateness and effectiveness - the prohibition of any link ENIT site is void because of conflict with the principles and provisions of the Digital Administration Code.

First we must never forget that the sites of Public Administrations are made with public money and the information contained herein is, also, learned and trained with public funds and therefore, our legislature has provided that all public data should be accessible by anyone (in digital mode) with no restrictions that are not related to explicit legal regulations.
With reference to government Web sites, then the art. 53, paragraph 1, of the Code expressly provides that

"The central government implement institutional sites of computer networks that respect the principles of accessibility and usability and high availability, even by persons with disabilities, completeness, clarity of language, reliability, ease of consultation, quality, consistency and interoperability. "

In my opinion, the requirement of high availability in and of itself exclude the ban to a public site in view of the fact that the institutional sites should be characterized by transparency. Think, for example, that the following art. 54 of the Code also lists the minimum content of information that a public site and must contain, among others, includes:

1) the organization, the articulation of offices, functions and organization of each office with the names of responsible managers of individual offices;
2) the list of the types of procedures performed by each office for the executive, the deadline for the conclusion of each procedure and any procedural time limit;
3) the complete list of mailboxes institutional assets, including specifying whether it is a box of certified mail, the body must have, then, at least one box that PEC must be indicated on the home page;
4) a list of all tenders and competition;
5) the list of services provided in the network and services already available for future activation, indicating the time required for the activation thereof;
6) the register of automated processes for the public.

A Public Administration, therefore, is legally obliged to publish on its website an important amount of information and manage anything published on the Web (at the public expense) with maximum accessibility.

For these reasons, as a citizen, I reported to the site of ENIT accessible , the government portal of the Centre for Accessible Services of PA.
In addition to the prohibition of any link I pointed out another clause that left me perplexed in the privacy statement is still quoted the Law n. 675/1996 which, as known, has for years been repealed by Decree. No. 196/2003, probably just an oversight though zealous drafter of the conditions of service.

My report is accessible on the public (you can consult by clicking here ), I'll keep you updated on the outcomes and future changes in the conditions of use of the site of the National Tourism Agency.

You, meanwhile, quietly linked