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Measures In Electoral Propaganda.

Original Language Title: Misure in materia di propaganda elettorale.

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THE GUARANTEES FOR THE PROTECTION OF PERSONAL DATA At today's meeting, in the presence of prof. Francesco Pizzetti, President, Mr.. Giuseppe Chiaravalloti, vice president, dr. Paissan and Mr. Mauro. Giuseppe Fortunato, Members, and Dr. Giovanni Buttarelli, secretary general; Having regard to Legislative Decree 30 June 2003, n. 196, Code regarding the protection of personal data; Considering that in the month of May 2007 will be held direct elections of provincial presidents and provincial councils, mayors and municipal councils, with any run-off rounds in June 2007; Considering that political parties, political movements, promoting committees, supporters and individual candidates have launched numerous initiatives of selection of candidates for election, and the election propaganda, and that this' involves the use of personal data for forwarding messages and electoral politicians to represent their positions in relation to the local elections; Considering that the right granted to all citizens to contribute through democratic processes to determine national policy (art. 49 Const.) Must be exercised while respecting the rights and freedoms' fundamental, as well as' dignity 'of the persons to whom the data used, with particular reference to confidentiality, the identity 'and the right to protection of personal data pursuant to art. 2 of the Code; Given that, pursuant to art. 13, paragraphs 1 and 2, of the Code, if the data are collected from the data subject, the latter must be informed in advance as to the purposes', the mode 'and other characteristics of the treatment, except for items already' known to the person providing the data; In view of art. 13, paragraph 4, of the Code, under which, if the data are not collected from the data subject, the information referred to in paragraph 1 of that article 'provided to the person at the time of data recording or, when and 'planned their communication, no later than the first communication; Considering that, pursuant to art. 13, paragraph 5, letter c) of the Code, the Ombudsman has the duty to declare whether fulfillment by a particular data controller to the obligation to provide information that is with or without the use of means clearly disproportionate to the protected right, and to prescribe in which case any appropriate measures; Given the general measure of this Authority 'of 7 September 2005 (published in the Official Journal of 12 September 2005, n. 212; available in www.garanteprivacy.it, web doc. No. 1165613), the requirements of which are considered as fully recalled and who have been shown the conditions and guarantees under which parties, political movements, promoting committees, supporters and individual candidates may lawfully use personal data for purposes of election propaganda; Considering that the framework of guarantees and compliance with the above mentioned decision of September 7, 2005 also operates in relation to the aforementioned upcoming elections; Considering that, under the aforementioned provision, the persons making electioneering were temporarily exempted, under certain conditions, from the obligation to provide advance information to the stakeholders to treatment (art. 13 of the Code); Given the need 'to exempt temporarily disclosure obligation under Article. 13 of the Code, political parties, political movements, promoting committees, supporters and individual candidates who process personal data for sole purpose 'of selection of candidates for the elections, political communication or propaganda, in the limited time frame concerning the mentioned administrative elections; Considered that, applying the principles stated in the aforementioned decision of September 7, 2005 regarding the disclosure obligation, must be regarded as proportionate to the rights of a person exempt entity using the data for the sole purpose of election propaganda from the obligation to provide the ' information, up to the date of 31 July 2007; what ', with reference to the information due to individuals to whom personal data extracted from public sources accessible to anyone, they are contacted by those who use the data, or receive other propaganda material to be articulated letters or e-mails that does not allow the inclusion of the information; Considered that, be operative date of July 31, 2007, political parties, political movements, committees promoters, supporters and individual candidates can continue to treat (including by mere preservation) personal data lawfully collected according to the procedures 'described in the said decision of 7 September 2005, for exclusive purposes' selection of candidates, electoral propaganda and related political communications only if they inform the interested parties by 30 September 2007, as provided by art. 13 of the Code; Considered that, in the event that parties, political movements, promoting committees, supporters and individual candidates fail to inform those concerned within this period of September 30, 2007 as planned by art. 13 of the Code, the data must be deleted or destroyed; It found that the applicant can 'exercise the rights under Art. 7 of the Code, with respect to which the data controller and 'required to provide a suitable response; View the records on file; Having obtained the comments by the Secretary General pursuant to art. 15 of Regulations n. 1/2000; Rapporteur Dr. Giuseppe Chiaravalloti; Everything 'circumstances, the Guarantor: a) pursuant to art. 154, paragraph 1, letter c) of the Code, to prescribe treatment holders concerned to take the necessary and appropriate measures identified in the general measure of this authority 'of 7 September 2005 and referred to in this provision, in order to make the treatment complies the provisions in force; b) pursuant to art. 13, paragraph 5 of the Code provides that parties, political movements, promoting committees, supporters and individual candidates may refrain from making disclosures to the interested parties, subject to conditions and limitations set out in the grounds, until 31 July 2007; that a copy of this decision be forwarded to the Ministry of Justice - Office Publishing Department in order for its publication in the Official Gazette of the Italian Republic pursuant to Art. 143, paragraph 2, of the Code. Rome, May 3, 2007 The President The rapporteur Pizzetti Chiaravalloti Secretary General Buttarelli