The AUTHORITY for the PROTECTION OF PERSONAL DATA at today's meeting, in the presence of prof. Francesco Pizzetti, President, Dr. Giuseppe Chiaravalloti, Vice-President, Dr. Mauro Paissan and Dr. Giuseppe Fortunato, components, and Dr. Daniele De Paoli, General Secretary of the Regent; Having regard to the Legislative Decree June 30, 2003, n. 196, regarding the personal data protection code; Considering that in the month of March 2010 will be held the election of Presidents of regions and regional councils, of the Presidents of the provinces and the provincial councils, mayors and municipal councils, and District Councils, with any rounds of balloting in April 2010; Given that political parties, movements, committees promoters, supporters and candidates undertake numerous initiatives of selection of candidates for election, communication and electoral propaganda, and it involves the use of personal data for electoral and political message forwarding in order to represent their own positions in relation to the mentioned elections; Given that the right recognized to all citizens to compete with democratic method to determine national policy (article 49) must be exercised with respect for the rights and fundamental freedoms and the dignity of persons whose data are used, with particular reference to confidentiality, personal identity and the right to protection of personal data in accordance with art. 2 of the code; Considered that, if the data are collected from the data subject, the latter must be informed in advance regarding the purpose, method and other characteristics of the treatment, except for the elements already known to the person providing the data (article 13, paragraphs 1 and 2, of the code); Given that, if the data are not collected from the data subject, the information is given to the interested party at the time of recording such data or, if their communication is envisaged, no later than the first communication (article 13, paragraph 4, of the code); Considered that the guarantor has to declare whether the fulfilment of the obligation to make the information from a particular data controller, involves a manifestly disproportionate to the protected right, and to prescribe appropriate measures (article in this case. 13, paragraph 5, letter. c) of the code); Having regard to the general provision of this authority of September 7, 2005 (published in the Official Gazette of September 12, 2005, # 212 and www.garanteprivacy.it, doc. Web n. 1165613), whose requirements are fully here referred to, which were designated the conditions and guarantees under which political parties, movements, committees, sponsors, supporters and individual candidates can lawfully use personal data for political communication and electoral propaganda; Considered that the framework of guarantees and obligations invoked with the aforementioned decision of September 7, 2005 also operates in connection with the forthcoming elections; Considering that, with the invoked measure, individuals who make electioneering were excused temporarily, under certain conditions, with the obligation to provide the information to stakeholders prior to treatment (article 13 of the code); Given the need to exempt temporarily from the obligation of disclosure under art. 13 political parties, movements, committees code promoters, supporters and candidates who process personal data for the sole purpose of selecting candidates for election, political or electioneering communications, in limited time frame on the upcoming elections; Held that, applying the principles established in the aforementioned decision of September 7, 2005 in connection with the disclosure obligation, must be proportionate in relation to the rights of interested parties exempt the person who uses the data for purposes of electoral propaganda from the requirement to make disclosure, until the date of May 31, 2010; What with relation to the event that: 1) the data are collected directly from public registers, lists, records or other documents available to anyone without contacting stakeholders or propagandistic material small 2) is that, unlike a letter or e-mail message, do not make possible insert a suitable disclosures also synthetic; Considered that, after the time of political parties, movements, committees May 31, 2010, promoters, supporters and individual candidates can continue to deal with (including through conservation) personal information collected lawfully in accordance with the modalities indicated in the above mentioned decision of September 7, 2005, for exclusive purpose of selecting candidates, electioneering and referendum and associated political communication, only if will inform interested parties by July 31, 2010 under the conditions provided for in art. 13 of the code; Considered that, in the case that political parties, movements, committees, sponsors, supporters and candidates do not inform stakeholders within this deadline of July 31, 2010 in the manner provided for by art. 13 of the code, the data must be erased or destroyed; Found that the person concerned can exercise the rights of art. 7 of the code, with reference to which the holder of the processing is required to provide an adequate reply; View the documentation in acts; Having regard to the comments made by the Secretary General Regent in accordance with art. 15 of regulation 1/2000 # supervisor; Rapporteur prof. Francesco Pizzetti;
All that being said, the guarantor: a) in accordance with art. 154, comma 1, lett. c) of the code, prescribes treatment holders concerned to take the necessary steps and identified in the general provision of this authority of September 7, 2005 and recalled in the present provision, in order to make the treatment in accordance with the provisions in force;
b) in accordance with art. 13, paragraph 5, of the Code stipulates that political parties, movements, committees, sponsors, supporters and individual candidates can independently make the disclosure to the parties concerned, until May 31, 2010, only if: 1) the data are collected directly from public registers, lists, records or other documents available to anyone without contacting the concerned or 2) the propaganda is smaller Unlike a letter or e-mail message, do not make possible insert a suitable disclosures also synthetic;
c) provides that a copy of this measure is transmitted to the Ministry of Justice-Office publication laws and decrees, for its publication in the official journal of the Italian Republic pursuant to art. 143, paragraph 2, of the code.
Rome, February 11, 2010 President and Rapporteur: Parish Secretary General Regent: Daley