THE SPONSOR for the protection of personal data At today's meeting, in the presence of prof. Francesco Pizzetti, President, Mr.. Giuseppe Chiaravalloti, dr. Paissan and Mr. Mauro. Giuseppe Fortunato, Members, and Mr.. Giovanni Buttarelli, secretary general; Given the international and European law and the law on the protection of personal data (Directives Nos. 95/46 / EC and 2002/58 / EC; Leg. June 30, 2003, n. 196); View the records on file; Having regard to the considerations made by the Secretary General pursuant to art. 15 of Regulations n. 1/2000; Rapporteur Dr. Giuseppe Chiaravalloti; Given: 1. Purpose 'of the measure. The electoral propaganda initiatives related to a referendum or to the selection of candidates to elections represent a significant moment of participation in democratic life (art. 49 Const.). In view of the upcoming consultations the Guarantor draws attention to the main cases in which parties, political organizations, promoters and supporters committees and individual candidates may use personal data for propaganda initiatives, respecting the rights and freedoms' fundamental of those concerned (art. 2 of the Code). 2. Data used without consent. A) Voting list. Can be used first of all, without the prior consent of those concerned, the data contained on the electoral roll for every commune kept, continuously updated and also copies on electronic media. The entire gamut of electors can 'be so' easily contacted. Can be altresi 'they used the following lists and registers relating to active and passive voting: list of Italian electors residing abroad for the European Parliament elections; updated list of Italian citizens living abroad aimed at drawing up electoral lists, created by merging the data of Italians residing abroad (AIRE) with the consular data; list of Italian citizens residing abroad the right to vote for the election of the Committee of Italians Abroad (Comites);
called added lists of voters of a European Union Member State resident in Italy and intend to exercise their right to vote in European Parliament elections. B) Other public lists and registers. In addition to the electoral register, they can be used for propaganda, in this case without the consent of the parties concerned, other documentary sources held by public bodies if they are freely available to anyone without restriction on the basis of a specific legal provision. However, it observes the mode 'which may be adopted to access such sources (eg., identification of any entity requesting copies of the permitted access only at certain times) or for using them (eg., the obligation to state the source of the data in propaganda material; compliance purposes' for which certain lists are made public). C) Data collected from holders of elective offices and other public functions. The holders of elected offices may use the information collected in the context of interpersonal relations with citizens and voters. Some specific statutory provisions provide altresi 'that the holder of elected office may require the offices to provide useful information to the exercise of the mandate, which can be used only for purposes' relevant to this exercise. Any use of such information for propaganda initiatives addressed to interested parties and 'therefore permitted only in special cases in which the same initiatives can result in concrete as factually related to attivita' and tasks carried out in the course of the mandate. And 'illegitimate any request to obtain from the administration or entity offices communication of entire databases, or the formation of special lists "dedicated" to be used for propaganda out of the above cases related to activities' and tasks carried out during the mandate. Can not 'be considered equally possible, by controllers of other non-elective public office, use for purposes' propaganda of acquired data to perform their institutional duties. D) data collected in the exercise of activities' professional and enterprise. The personal data collected as necessary in the exercise of activities' professional and business to do work or to provide goods and services can not be used. The purpose 'of propaganda is not' in fact attributable to the purposes for which the data are collected. E) Members of political parties, political organizations and committees. In the context of parties, political organizations, committees of advisers and supporters, can be used lawfully, without your consent, personal data relating to subscribers and members as well as' other persons with whom regular contact (cfr. Art. 26, com -but 4, letter a) of the Code). F) Members of Other Associations of non-political. Other institutions, associations and non-profit organizations (trade unions, professional, sports, category, etc.), May provide that among its purposes also the purpose 'of propaganda under this measure which, if pursued directly by the same institutions, organizations and associations, do not require the consent (cf.. 24, paragraph items, 1, letter h) and 26, paragraph 4, letter a) of the Code). 3. documentary sources can not be used for propaganda. Some documentary sources held by public entities can not be used, even by the holders of elective office, in the specific regulations reason that precludes its acquisition for propaganda purposes, or of professional secrecy or the fact that they were acquired according to a law that constrains the use. What 'happens for example in the following cases: archives of the civil state; registers of the population, but usable 'for institutional communication of public administrations; electoral rolls of the Chamber already 'used in seats, on which are recorded in the data non-voting and are only used to control the regularity' of the electoral operations; Data recorded privately by scrutineers in polling stations and party representatives, during electoral operations;
Special directories and information collected only to perform the activities of the public body 'institutional or, more generally, for the provision of services, including health care. 4. Data used prior consent. With the prior consent of those concerned they may be used for propaganda initiatives other documentary sources. A) sympathizers and persons contacted. Parties, political organizations, committees of advisers and supporters, and individual candidates may lawfully use data concerning sympathizers or others already 'contacted for individual initiatives or who have participated occasionally (petitions, bills, for referenda, petitions , etc). In these cases, it is necessary, however, 'having previously acquired the written consent, as it is sensitive data. Such consent can 'be given once. B) Telephone Directories. In the new paper and electronic telephone directories, arising from the Community origin rules binding on the national legislature, next to the names of some subscribers include two symbols attesting to the consent given, respectively, in the home receiving mail or telephone calls for purposes' different from the interpersonal communication. In such cases, the data may also be used to send propaganda materials, or to make calls with purposes' propaganda, depending on the symbols appearing on the list. C) Details mode 'communication. According to the Community origin rules binding on the national legislature, some particular modes' of communication require the specific consent of subscribers to electronic communications services, including subscribers to mobile services and users of pre-paid cards (sending fax, type SMS or MMS messaging, pre-recorded phone calls, e-mails). The agreement, which in this case can 'be acquired one-off, it has to precede the call or the message and must be collected on the basis of clear formulas that explicitly specify the purpose' of political or electoral propaganda. It 's not possible to use mode' tacit consent. Only after prior informed consent is not 'lawful sending messages, newsletters and other publicity materials when using: automatically collected data on the Internet using special software; lists of subscribers to a service provider; data published on web sites for specific purposes 'business information, commercial communication or activity' institutions or associations; Data taken from forums or newsgroups; Data found on the Internet only for the purpose 'of its scope, on the registration of domain names. D) data collected and made available by third parties. The possible acquisition of personal data by a third party (who might have them collected on the basis of a consensus reportedly the most 'different purposes, including those of a promotional or commercial nature) does not relieve the party, the political body, the Committee or candidate from the obligation to verify, even with mode 'sample and using the election manager, the third, has informed those concerned about the use of data for purposes' of propaganda and have obtained their express consent as appropriate. Consent must be given freely, as separately from the provision of goods and services, and documented in writing; not infringed the principle of purposes' in data processing by pooling information from more 'archives, including public, having purposes' incompatible (Articles 11 and 61 of the Code). These precautions should be taken even when the third, as well as providing the data, place the controller appointed by the person carrying out the propaganda. 5. disclosure obligation. If the data is collected from the subject, the latter must be informed in any case on the features of the treatment, except for items that are already 'known (art. 13, paragraphs 1 and 2). When data are collected elsewhere, and the case is not one of those referred to in paragraph 6, the information must be provided at registration or before, any disclosure to third parties (art. 13, paragraphs 4 and 5). The summary, though effective, can 'be based on the following simplified formula that can' be inserted also in e-mail messages or propaganda letters (art. 13, paragraph 3, of the Code): Statement of Art. 13 of the Code in the field of data protection
personal "data which provided freely (or: which were extracted from ...) are used by ... (indicating the data controller) only for propaganda purposes (or for the selection of candidates also specify whether the data They will be used for similar initiatives or even by individual candidates, as well as by the organs of political power), including by computer, and will not be disclosed to third parties (give, if used, any external organization that takes care of forwarding) . You can 'at any time access to data, getting out of receiving more' propaganda material, object to the processing of data or seek to integrate, correct, etc., Addressing ... "(indicate the coordinates of the aforementioned data controller or of a referent, for example of the controller optionally designated treatment). 6. Cases in which the information is not 'due. The Ombudsman considers that in the following two cases the party, the political body, the Committee of promoters and supporters or individual candidate should not disclose the information to the interested parties in accordance with normal mode 'law on the initiatives and consultations scheduled until June 30, 2006. This Authority ', similar to what already' done in the past, believes that the use of the means necessary for the purpose 'in question is disproportionate to the protected rights (art. 13, paragraph 5, letter c), of the Code), if the party, the political body, the Committee of promoters and supporters or the single candidate to use the data only for the purpose 'under this provision, and: a) picking them directly from public registers, lists, records or other documents available to anyone without contacting the interested parties, or b) send propaganda smaller material that, unlike a letter or an e-mail message, does not make it possible to provide an appropriate or summary statement. The Authority 'also seeks, in a short span of time, a large number of interested receives a large number of similar information from more' parties engaged in election campaigns and political initiatives. If the persons concerned are instead contacted through paper letters, messages by email or letters and envelopes containing more 'even smaller documents, the information - according to the above simplified formula - potra' be included in the letter, in the message, in the message or envelope, rather than 'be sent at the time of recording data (art. 13, paragraph 5, letter c) of the Code). After October 31, 2006 parties, political movements, promoting committees and individual candidates and supporters who wish to keep the data for which have not already 'done to the information should inform interested parties in the manner provided by the said Article. 13 if they intend to send their communications. 7. Guarantees and obligations. In the propaganda initiatives and selection of candidates that involve the use of personal data should be paid attention to the guarantees that the Code provides for the protection of persons to which they relate, which are sometimes of a sensitive nature. Treatment should not be in any case notified to the Guarantor (art. 37 of the Code), irrespective of the titular subject (party, political body, the Committee promoters and supporters or individual candidate). And 'altresi' optional designate one or more 'controllers (Art. 29 of the Code). More needs to be 'designate the natural persons in charge of treatment (art. 30 of the Code) and adopt, in accordance' with the Code, appropriate security measures conform to the criteria, as applicable, by Articles 31-36 and Annex B ) of the same Code. Finally it must be given timely feedback to any request with which the parties to exercise their rights to examples or to access data concerning them, knowing its origin and some how 'of treatment or oppose its use, such as the further receiving materials or calls (art. 7 of the Code). If the data controller fails to react appropriately, the person concerned may 'consult the' court or file an appeal to the Guarantor; puo 'altresi' to present to this Authority 'a warning or a complaint. Everything 'circumstances, the Commissioner shall: a) pursuant to art. 154, paragraph 1, letter c) of the Code requires the holders concerned to bring the processing of personal data to the principles referred to herein;
b) pursuant to art. 13, paragraph 5, of the Code, provides that political parties and movements, committees of advisers and supporters, and individual candidates may refrain from subjects under the conditions set out in section hereof; c) 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, September 7, 2005 The President The rapporteur Pizzetti Chiaravalloti Secretary General Buttarelli