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Measure On The Processing Of Data At The Partitipolitici And Waiver Information For Propagandaelettorale Purposes. (Resolution # 107).

Original Language Title: Provvedimento in materia di trattamento di dati presso i partitipolitici e di esonero dall'informativa per fini di propagandaelettorale. (Delibera n. 107).

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The AUTHORITY for the PROTECTION OF PERSONAL DATA at today's meeting, in the presence of Dr. Antonello Soro, President, dott.ssa Augusta Iannini, vice President, dott.ssa Giovanna Bianchi Clerici and prof.ssa Licia Califano, components and Dr. Joseph Busia, Secretary General; Having regard to the Legislative Decree June 30, 2003, n. 196, regarding the personal data protection code (the code); Having regard to the Decree-Law December 28, 2013, n. 149, containing provisions relating to the abolition of the direct public funding, provisions for transparency and democraticita ' of parties and voluntary contributions and indirect contribution rules in their favor, converted, with amendments, by law No 13 February 21, 2014; Given that the fundamental rights of the individual must also be implemented within social groups where the individual has its own personality and, between them, including associative realities such as parties, movements and other political formations, whose activity is an expression of the right recognized to all citizens to compete with democratic method to determine national policy (arts. 48 and 49 of the Constitution); Given that the aforementioned activities must be performed in compliance with fundamental rights and 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 (article 2 of the code); Whereas compliance with the provisions established by the code is particularly relevant in relation to the activities of political parties, movements and other political formations, due to the complexity, also organisational, which can sometimes characterize such associative structures, for which may be extremely alert, especially large actually, specific requirements of clarity and certainty regarding the overall scope of the processing operations of personal data , which often have a sensitive nature as revealing the political orientation of those concerned (article 4, paragraph 1, letter d), of the code); Considered that the activity of political parties is addressed not only to those with whom relations are stable and structured-as in the case of adherents--but also against people who are contacted with a view to political consultations and administrative referendums, or for the purpose of selecting candidates (cd. «primary»), without establishing regular relationships with them (e.g. investigators); What, with reference not only to political parties and political movements, but also to individual promoters and supporters committees and candidates who, in the conduct of election campaigns or referenda, working with many personal electioneering message forwarding and associated political communication in order to represent their views to citizens; Considering that it is necessary to draw attention to the need that the policy-making, prior to initiation of treatment (art. 13 of the code), such members, in people who have regular contacts, supporters and, in the cases provided for, to recipients of electioneering messages and associated political communication-is actually capable of guaranteeing the integral understanding of the characteristics of the treatment and the right to Informational self-determination; so, in order to allow interested parties to orientate their decisions expressing, in the cases provided for, free consent and fully aware regarding the processing of personal data (articles 23 et seq of the code) and, in any case, the exercise of rights under art. 7 of the code; Considering that, on the basis of experience gained, it is appropriate to intervene on the matter in order to provide, on the one hand, clarifications with regard to certain formalities required by the code, and, secondly, to introduce elements of simplification while ensuring a high level of protection of the rights of the persons concerned; Considering that the subjects mentioned above, in carrying out activities of electioneering and associated political communication, can not only use personal information about their members and sympathisers, but also data from other sources, including public ones, such as electoral roll (art. 51 p.r.Decree March 20, 1967, # 223, as amended by art. 177, paragraph 5, of the code); Considered that, if the data are collected from the data subject, the latter must always 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); Considered that, if the data are not collected from the data subject, the information must be made at the time of recording such data or, if it is envisaged, no later than the first communication (article 13, paragraph 4, of the code); Considered that the guarantor, if the data are not collected from the data subject, as in case they are removed from the electoral roll, has the task of verifying whether the fulfilment of the obligation to make the information from a particular data controller, entails a manifestly disproportionate to the protected right, and to prescribe in such case any appropriate measures (article 13 , paragraph 5, letter. c), of the code); Whereas, with regard to cases where the personal information used for conducting electioneering activities and associated political communication are not collected from the data subject, the requirements of exemption from disclosure which have been adopted by the guarantor, case by case, and in relation to individual ballot initiatives and referenda (see decision of February 12, 2004, in the Official Gazette of February 24, 2004 , # 45, doc. Web # 634,369, and September 7, 2005, in Official Gazette of September 12, 2005, n. 212, doc. Web # 1,165,613, and most recently the decision of April 24, 2013, doc. Web # 2,404,305) have proved to be an adequate tool for simplifying the procedure for fulfilment of legal obligations, perceived as too burdensome in relation to guarantees for the parties concerned, especially when the data is extracted from public sources specifically dedicated and used in a short period of time, such as the electoral roll; Considering that, in the light of experience gained, it is appropriate to intervene in the matter of exemption and simplification of reporting with prescriptions that don't have more validity provisional and limited to certain consultations, but are applicable whenever you carry out political consultations, administrative or referenda or initiatives for selection of candidates (cd. "primaries"), in compliance with the requirements, conditions and time limits identified with this provision; Considering that, on the basis of experience, of criticality found, partly as a result of the many questions, feedback and complaints received, the Ombudsman considers it necessary to provide new contributions in relation with this provision, which replaces those of February 12, 2004 and September 7, 2005 mentioned above; View the documentation in acts; Having regard to the comments made by the Secretary-General in accordance with art. 15 of regulation 1/2000 # supervisor; Speaker Dr. Antonello Soro; 1. Processing of sensitive data concerning members and individuals who have regular contact with political parties, movements and other political formations. Political parties, movements and other political formations (i.e., certain committees) can lawfully use without a specific consent (article 26, paragraph 4, letter a), of the code; authorization # 3/2013 to the processing of sensitive data by associative type agencies and foundations), sensitive data relating to members or other persons who have regular contact with them in the pursuit of legitimate identified purposes and, above all, of the articles of incorporation or the bylaws. In this frame, can be treated without the consent of those concerned as long as within the scope of activity necessary to the pursuit of its institutional purposes or statutory (even ' among these not expressly stated), sensitive data collected, for example, from political parties, movements and other political formations for communications relating to the activity and to the initiatives that the agency undertakes or in which it participates; for the performance of its obligations or contact management; to enable the realization of services rendered by the political entity; for sending, also in the interest of individual candidates, electioneering messages and associated political communication (see also para. 5.2); for delivery to any publications. In addition, consent is not necessary in all other exemptions that may apply (art. 26, paragraph 4, of the code), provided that it respected the provisions of the general authorization callback # 3/2013. Written consent is required in case sensitive data of the persons concerned, adherence to certain purposes legitimate and pursued by the proprietor, are communicated to the outside or, if necessary, disseminated (article 26, paragraph 4, letter a), of the code; Parr. 2, 5 and 7 permission # 3/2013). Falls under those assumptions, for example, possible data communication to other parties or political movements belonging to the same coalition, as well as their possible dissemination, regardless of its method and the tools used. Likewise, requires the consent of those concerned, always limited to any disclosure to third parties by committees of promoters and supporters of the data of members and of others that they engage in regular contact collected and processed in the pursuit of its institutional purposes. Conversely, does not constitute "communication"-and does not require the consent-giving information to those working as managers or trustees (article 4, paragraph 1, lett. l), of the code). Falls in such a case any knowability ' of data by subject to what legitimized by reason of concrete tasks performed within the Association, movement or other political education and that has been designated pursuant to arts. 4, comma 1, lett. g) and h), 29 and 30 of the code. In addition, in order for the treatment to be considered lawful and proper (article 11, paragraph 1, letter a), of the code), it is necessary that the persons concerned be made adequate and preventive information in accordance with art. 13 of the same code (listing in respect of which see, more widely, the next par. 3 and 4). 2. Investigators, contacts at individual initiatives, investor. Personal information collected by political parties, movements and other political formations, as well as individual candidates, on the occasion of individual initiatives (petitions, bills, inquiries of referendum, collections of signatures or funds, etc.) can be used only with the written consent of the persons concerned and on the condition that in the statement issued on the occasion of the conferment of data is highlighted clearly the aims pursued. Consent to treatment is not required (art. 26, paragraph 4, letter. a) of the Code) if the support provided to a specific initiative on the occasion of the conferment of data implies a particular form of "accession" to the political entity, such that, according to the Statute, the articles of incorporation or other existing body of rules, the latter will then be contacted with a view to further initiatives consistent with the original purpose of collection (eg. political or electioneering communications: art. 11, comma 1, lett. b), of the code). Such circumstances must be appropriately highlighted those concerned by means of that information (see para. 4). Except as expressly provided for by the law (see, for example, article 5, paragraph 3, of Decree-Law No. 149/2013, as amended by law No 13/2014, which provides for an obligation for parties to forward to the Presidency of the Chamber of Deputies, in the cases provided for therein, the list of the respective investor), the disclosure and dissemination of information on subjects that provide funding or contributions to political parties, movements and other political formations assume consent. 3. conditions of issue of the statement. The information, whether oral or written, must be made prior to the start of treatment, namely prior to collecting data and making them more processing operations (article 13, paragraph 1, of the code). Where the treatment relates to the personal information of members or persons who have regular contact with political parties, movements or other political formations, the disclosure must be made at the time of its accession to the organisation, or on the occasion of the first contact, without prejudice to any updates which it may be subjected in time in the event that they should vary the elements identified by the code. In case of data gathering on the occasion of individual initiatives (petitions, bills, inquiries of referendum, collections of signatures or funds, etc.), the persons concerned must be informed prior to the provision of data, possibly in midst of special models displayed in places easily accessible to the public. Where the personal data are not collected from the data subject, the information must still be made to the latter at the time of their registration, or, if applicable, no later than their first communication (article 13, paragraph 4, of the code). Remains of course subject to the information covered by this exemption measure assumptions with regard to the processing of data for purposes of electoral propaganda and associated political communication (see para. 5.1). 4. contents of the statement. 4.1. purpose of data processing purposes according to which adherents, sympathizers or others who have regular contacts with political parties, movements and other political formations are collected and processed shall be disclosed in a clear and precise in the text of the notice (article 13, paragraph 1, letter a), b), d), and f), of the code). It is, however, necessary that the informative describe minutely all single purpose pursued, ben potendo these be indicated even in summary form, as long as through locutions unambiguous and easy to understand for those interested. In any case, where among the various purposes are included-as is usually the case-even those of electioneering and associated political communication (on which v. even par. 5), they must be specifically set out in the notice issued to the persons concerned, highlighting also in this respect the purported method of contact that you wish to use (eg. SMS, e-mail, etc.). 4.2. possible scope of movement for personal parties, movements and other political formations can be sometimes characterized by complex organizational structures, both because of its territorial articulation, both in view of their possible accession to most teams, usually directed towards common objectives (think to coalitions and agencies that are part of a Federation); in this particular context it is necessary that the information provided to the interested parties indicate in clear terms and that meet all the elements referred to in art. 13 of the code, in order to avoid an extremely varied organisation may be understandable in the concerned doubts as to essential profiles related to the processing of personal data concerning them. In particular, in the presence of variously articulated, political parties, movements and other political formations must identify, independently and as part of its organizational structure, the subjects or categories of subjects to whom data can be communicated (article 13, paragraph 1, lett. d), of the code), making sure to indicate clearly in the statement to make it to the persons concerned; It must be clear whether the personal data collected may be subject to disclosure to third parties and if the latter, an appropriate assumptions, will treat them in the guise of independent data (or co-owners) of treatment (articles 4, paragraph 1, letter f) and 28 of the code). Must be also mentioned, in specific form, any other persons who, even for reasons of territorial organization or branch of its eventual membership in most teams, may be aware, in their capacity of ' data processors, data of data subjects for purposes related to the aims pursued by the holder. Where, then, was also provided for the dissemination of such information, the information must properly indicate, albeit briefly, the reasons related to this broadcast (i.e. compliance with specific legislation or statutory). 4.3. the data controller at the same time, special attention must be paid to indicate, within the information, the identity of the data controller. In the presence of particularly complex organizational reality--often featuring, at the regional level, of a significant financial and operational autonomy can be impractical at times find beneficial owner or co-controller. Consequently, in order to allow interested parties a easier exercise of rights under art. 7 of the code, everything will be carefully assessed (primarily in the light of the specific circumstances and forecasts contained in the articles of Association, statutes in other preexisting set of rules) for which subjects is actually incardinated the decision-making power regarding the purposes and methods of processing of personal data of the persons concerned (including profiles on the tools used and the security: art. 4, paragraph 1, lett. f), of the code), yes you can consistently qualify as actual owners or co-owners of the treatment itself. Finally, deserves a recall the fact that the statement must contain an explicit reference to the rights under art. 7 of the code, and the designation of at least one responsible possibly also designated for the purposes of the exercise of those rights (article 13, paragraph 1, lett. e) and f), of the same code). 5. Special treatments: electioneering and associated political communication. Political parties, movements, committees of promoters and supporters, as well as individual candidates, may lawfully process personal data for purposes of electoral propaganda and associated political communication at political, administrative consultations or referendums, initiatives for selection of candidates (cd. «primary»). Personal data extracted from public sources «»-namely the information in registers, lists, records or documents held by a public body, and at the same time accessible on the basis of an express provision of law or regulation-can be used for purposes of electoral propaganda and associated political communication, without requiring the consent of those concerned (article 24, paragraph 1 , lit. c), of the code). In the event that the source is "public" in the sense above, it is necessary to respect the limits and the methods which may be laid down by law to access such sources (eg. If identification is required of anyone who asks for a copy or whether access is allowed only at certain times or for certain purposes) or to use them (eg. obligation to indicate the source of data or to comply with the purposes that the law provides for certain lists). In particular, they can be used, for the pursuit of those purposes of electoral propaganda and associated political communication, personal data drawn from the following public directories: electoral roll held in the municipalities, which "may be issued in hard copy for purposes of application of the guidelines relating to active and passive ... or in the pursuit of a collective interest or widespread ' (article 51 Decree of the President of the Republic March 20, 1967 , n. 223, as amended by art. 177, paragraph 5, of the code);
list of Italian voters who vote abroad for elections to the European Parliament (article 4 June 24, 1994, Decree # 408, converted by law no 483 August 3, 1994);
added lists of citizens voters of a European Union Member State residing in Italy and who wish to exercise their right to vote therein in European Parliament elections (articles 1 et seq., April 12, 1996 decree # 197);
Provisional list of Italian citizens resident abroad who are entitled to vote (article 5, paragraph 8, Decree of the President of the Republic April 2, 2003, # 104);
Provisional list of Italian citizens resident abroad who are entitled to vote in the election of the Committee of Italians abroad (Comites, art. 13 October 23, 2003, law No. 286; art. 5 December 27, 2001, law n. 459; art. 5, paragraph 1, Decree of the President of the Republic April 2, 2003, # 104). 5.1. Exemption from the obligation to inform the person concerned in relation to usable data without consent within the framework of the principles of simplification the Garante considers proportionate with respect to the rights of those concerned, exempt political parties, movements, committees of promoters and supporters, as well as individual candidates, using personal data extracted from the lists referred to in paragraph 5 for exclusive purposes of electoral propaganda and associated political communication from the obligation to make the information as prescribed by art. 13 of the code, during the limited time span tied to political, administrative consultations or referendums, initiatives for selection of candidates (cd. «primary»). Thus the authority intends to avoid that in the short time frame in which consultations (political, administrative or referenda), a large number of concerned receives a large number of similar information regarding the processing of personal data by more actors involved in political communication initiatives. That in view of the fact that electoral messages are typically sent by mail to the address resulting from the electoral rolls which, for a precise choice of law, constitute the prime source of personal data lawfully be used for the aforementioned purposes (art. 51 Presidential Decree of the Republic March 20, 1967, n. 223, as amended by art. 177, paragraph 5, of the code). As said, it is considered proportional exempting political parties, movements, committees of promoters and supporters, as well as individual candidates, using personal information listed above, the obligation under art. 13 of the code starting from the 60th day prior to the date of the consultations until 60 days after the end of the same (or any ballot), provided that the submission is clearly indicated an address (postal address, email, possibly also with reference to a website where these references are easy to find) to which the person concerned can easily turn to exercise your rights under art. 7 of the code (v. par. 7, below). During the 60 days following the end of the consultations (or any ballot), the recipients of the order can continue to treat, including through conservation, personal data collected from the lists above for the exclusive purpose of political communication without making the statement. After this limited period, political topics can continue to process personal data only providing the information to the parties concerned, within the next 60 days, in the manner provided for by art. 13, paragraphs 1 and 2, of the code, or using the notices referred to in paragraph 6, specifying, in each case, the source of acquisition of the personal data. In the event that the policy is not made by this deadline, the data must be erased or destroyed. 5.2. Usable data without consent and subject to information provided: members and individuals who have regular contact with political parties, movements and other parties, movements and other political formations can use lawfully, without gaining prior specific consent, personal data relating to members, as well as to other subjects to maintain regular contacts, for purposes of electoral propaganda and associated political communication as these activities lawfully prosecuted even ' not expressly provided for in the articles of incorporation or the bylaws, which is strictly functional in the pursuance of these purposes (see article 26, paragraph 4, letter a), of the code; Authorization No. 3/2013). To this regard, we recall the indications already provided on the subject under para. 1. 5.3. Usable data prior information and consent of the person concerned 5.3.1. Enrolled in the non-political bodies the use of personal data for purposes of electoral propaganda and associated political communication by bodies, associations and organizations (e.g., professional sports unions, associations, etc.), which do not pursue political purposes explicitly is not, generally speaking, legitimate as such special purposes outside of rule than those provided for in the regulations or in the statutes not applicable for the purposes pursued by such entities. However, in the exceptional case where such persons intend to implement initiatives of electioneering and associated political communication-in their capacity as data controllers-are required to indicate clearly in the statement to make already at registration of the persons concerned, or even later, intending to use the personal data of subscribers to that purpose in order to acquire a specific consent (articles 13 and 23 of the code). Therefore, in accordance with the principles of correctness and transparency, information should be provided in a way that leaves to the members a chance to provide an independent and non-consent, compared to ordinary purpose pursued by the data controller, in full freedom and awareness, designed to allow the use of their information in relation to the receipt of political propaganda or — the communication to third parties of personal data for the same purposes. It's unlawful practices, found in numerous cases, to use the mailing lists held by the Association of executives or former executives of associations or even of subjects unrelated to those applying to political or administrative elections for electioneering and connected communication initiatives politics. In this framework, institutions, associations and organizations are not required, however, to require the consent of those concerned should also include among its aims the direct pursuit of purpose of electioneering and associated political communication (see articles 24, paragraph 1, letter h), and 26, paragraph 4, letter. a), code and authorization # 3/2013). This provided, again, that these aims, and methods of contact available (e.g. sms, email, etc.), conditions are expressly in the statute or in the articles of Association and be made known to the parties at the time of disclosure pursuant to art. 13 of the code. 5.4. Data not usable 5.4.1. Public sources a. personal data collected or used for conducting institutional activities Some documentary sources held by public entities are not useable for electioneering and associated political communication, because of the specific discipline of the sector which precludes the acquisition for the pursuit of those purposes. What happens in a relationship: at the population register of the resident population (arts. 33 and 34 Decree of the President of the Republic May 30, 1989, n. 223; art. March 7, 2005 Legislative Decree 62, # 82; Decree of the President of the Council of Ministers on August 23, 2013, # 109) because the data members cannot be supplied in the form of lists (e.g. lists of nominees of households) by municipalities to private entities for purposes of electoral propaganda and associated political communication, even if the applicant is a local administrator or owner of elected Office who intends to use them to the aforementioned purposes or for entertaining personal public relations. Only the Government can address to municipalities a motivated request for the issuance of the lists for exclusive use of public utility (art. 34 decreto del Presidente della Repubblica No. 223/1989). This provision also applies to municipalities, who may use the personal data in their possession only for purposes of public utility, which belongs to the corporate communication (art. 177, paragraph 1, of the code). Of course we must stop a chance for anyone to get by the registry office certificates of residence and marital status, as provided for by registration (article 33 Decree of the President of the Republic No. 223/1989);
marital status (article archives 450 cc; Decree of the President of the Republic November 3, 2000, # 396);
the files of residents in the constituency at every consular office (article 8 of legislative decree February 3, 2011, # 71);
the electoral section already used in seats, which are annotated data on non-voting and that can only be used to control the regularity of electoral operations (article 62 Decree of the President of the Republic May 16, 1960, # 570);
the data entered in the seats from tellers and representatives of the lists for the conduct of electoral operations. It is in fact illegal the compilation by Scrutineers and representatives of list, for later use for political purposes, lists of the people who abstained from voting (IE. in order to solicit the same compared to future elections). Such information, if known, should be treated in the strictest confidence in accordance with the constitutional principle of freedom and secrecy of the vote, also had regard to the fact that participation or not referenda or ballot can highlight in itself also a possible political orientation of the elector;
the data collected from the public in the performance of its institutional activities or, in General, for the provision of services;
lists of subscribers to albi and professional colleges (article 61, paragraph 2, of the code);
e-mail addresses you selected from the address index pec businesses and professionals (Decree-Law October 18, 2012, # 179, convertito con modificazioni dalla legge December 17, 2012, # 221, which inserted article. 6-bis Legislative Decree March 7, 2005, # 82). B. data made public in the light of the rules on publicity, transparency and provision of information by public authorities cannot be used for electioneering and associated political communication personal data made available on the websites of public institutions on the basis of obligations arising from the provisions on transparency of information concerning the Organization and the activity of the public administration (Act June 18, 2009 , # 69; Legislative Decree March 14, 2013, n. 33), as well as other industry standards. Consider, for example, to documents containing personal data published in the register online, the advertising of Praetorian bankruptcy proceedings, acts of attribution to natural economic advantages of any denomination, organization charts of public offices bearing even phone numbers and e-mail addresses of employees, information relating to employees at a public function. So, since the forms of dissemination provided by the above-mentioned legal framework, in particular the rules on transparency, innovating and rearranging the numerous provisions of the sector and introducing specific obligations to State institutions, are aimed at strengthening the publicity concerning the prevention of corruption, as well as control over the pursuit of official duties and the use of public funds by public administrations. The fact that personal data are made publicly viewable online for purposes of transparency of the Organization and administrative activity does not allow that they are freely reusable by anyone for any purpose, including, therefore, the pursuit of purpose of electioneering and associated political communication. C. data collected from holders of elective offices and other public functions specific legal provisions stipulate that holders of certain elected offices may require referral offices to provide information of interest to the exercise of the mandate and to their participation in the political and administrative life of the institution. For example, municipal and provincial councillors are entitled to obtain from the Office, respectively, of the city and the province, as well as from their companies and employees, all the news and information they have, which are useful for the completion of its mandate (article 43, paragraph 2, of Legislative Decree No 267 August 18, 2000). Specific provisions include, also, the exercise of this right by regional advisers. This right of access to information is directly related to the care of a public interest in the exercise of elective office; This exclusive finalization in order to the data so obtained is, at the same time, the assumption that lawful access and restricting the flow. Out of these cases, closely related activities and tasks performed during the elective office, it's legitimate, then, have your reference management communication offices of entire databases or the formation of ad hoc lists «dedicated» to be used for political communication. It is also not allowed, by holders of public office not elective office and, more generally, of public offices, the use for purposes of electoral propaganda and associated political communication of data acquired within the performance of their duties. 5.4.2. Additional Sources. data collected in the exercise of professional activities, care and enterprise the collected personal data in the exercise of professional activities and of enterprise, that is, within the activities of health protection on the part of those providing health care profession and health bodies, cannot be used for electioneering purposes and associated political communication. This purpose is not in fact due to legitimate purposes for which the data were collected (article 11, paragraph 1, letter b), of the code). For example, it's not legitimate to use particular directories or data collected from private and public health structures, or by individual professionals, as part of the diagnosis and treatment activity which they have carried out, in order to convey messages of political communication to support the candidacy of medical staff or otherwise related to the health care facility where the person went for care. B. data in telephone directories nominees ' personal data utilities published in telephone directories may not be used for purposes of electoral propaganda and associated political communication. The art. 129 of the code, in accordance with European discipline and in particular directive 2002/58/EC, identified in the "mere pursuit of Subscriber for interpersonal communication» the primary purpose of the telephone made in any form (paper or electronic), reiterating that the processing of data entered in these lists, if done for purposes more and different from those of interpersonal communication (and, in particular, for advertising, promotional or commercial purposes), it is permitted only if it is carried out with specific consent and expressed. Following the amendments to art. 130 of the code (as last amended by art. 20-bis of Decree Law September 25, 2009, # 135, converted with amendments to art. 1, paragraph 1, reads November 20, 2009) and the establishment of the public register of the opposition "(Decree of the President of the Republic September 7, 2010, # 178), it introduces a derogation from the general principle of the duty to acquire free, specific and informed consent in advance for treatments of data made through phone calls with operator, for" sending advertising material, direct sales or for carrying out market research or commercial communication» except that they do not exercise the right to opposition by the inscription in the said «register» (opt-out). This exemption is limited to the purposes above mentioned specifically by the provisions cited, and does not apply to the use of personal data contained in the mentioned lists for purposes of electoral propaganda and associated political communication. C. Data found on the web also with regard to data found freely on the web should be the general prohibition of use for purposes of electoral propaganda and associated political communication. It's not lawful the collection and subsequent use-for sending, also by e-mail, messages, newsletters and other material of electioneering-by: automatically collected data over the Internet using special software;
lists of subscribers to a provider;
data published on websites for specific purposes of corporate information, commercial communication or associative activities;
data from social networks, forums or newsgroups;
data available on the Internet only for the purposes of application of the guidelines on the registration of domain names. The easy availability of personal data on the Internet (such as telephone numbers or e-mail addresses) does not authorize the processing of such data for any purpose, but only for the purposes underlying the their publication. 5.5. data collected by third parties and made available to political parties The possible acquisition of personal information by a third party, for example, specialized companies that offer of political parties, movements, committees of promoters and supporters, as well as individual candidates, information related to fixed and mobile numbers, email or postal addresses, gathered on the basis of a consensus made for different purposes (including any promotional or commercial type , cd. consensate lists) does not exempt such persons from the check, even with random mode, that the deliverer: inform those concerned about the use of data for purposes of electoral propaganda and associated political communication and has obtained appropriate consent and explicit to the use for such purposes. Consent must be freely expressed, in different terms with respect to the different purposes of sending advertising material, direct sales or for carrying out market research or commercial communication and documented in writing (article. 23, paragraph 3, of the code);
He picked up a specific consent in relation to some particular method of contact. This provision concerns the data relating to subscribers to electronic communications services or mobile, as well as users of prepaid traffic cards, when treatment takes place by means of automated calling systems without human intervention, prerecorded calls, sending e-mail, telefax, mms or sms (article 130, paragraphs 1 and 2, of the code). In such cases the consent must relate specifically to contact mode (using automated tools) and can be acquired one off fee, no chance to resort to methods of observing silence;
not breached the principle of purpose of the data processing, combining information from more archives, also public, having incompatible purposes (arts. 11 and 61 of the code). Political parties, movements, committees also of promoters and supporters, as well as individual candidates have the responsibility to verify that the information has been provided and acquired the consent even if political communications services maintained by third parties, whether such persons are directly to the sending of letters or messages of electioneering and associated political communication using databases in their possession , in their capacity of ' autonomous data controllers, both where they act in their capacity as data processors. The tests mentioned above may be made, even with the figure of the election agent (see articles 3 and 7 of the Act December 10, 1993, no. 515); to this end, the aforementioned subjects can ask also that the third special releases statement of assurance as to the effective fulfilment of the obligations referred to above. In order to correctly identify such subjective positions, it should be noted that articles 4, comma 1, lett. f) and 28 of the code define the holder as the person "who determines ... the decisions regarding the purpose, the methods of processing of personal data and the means used" and holding "a completely autonomous decision-making power on the purposes and methods of processing, including the security profile". Cannot be regarded as independent subjects those third parties to whom such an alleged formal title, do not match, in concrete terms, the powers strictly prescribed by the code for the configuration and operation of the title, including those taking decisions relating to the purposes and methods of data processing (eg. what promotional materials branch and with what tools, email, phone , correspondence etc.; find the recipients of the communication campaign), as well as to exercise control on compliance with the instructions and other conditions set up by agreement provided with reflections on the processing of personal data. The identification of ownership must take into account known as "non-contractual elements, such as Royal control exercised on the one hand, the image given to interested parties and the legitimate expectations of the latter on the basis of this directive (95/46 ' visibility/EC; Group art. 29, opinion 1/2010 on the concept of ' controller ' and ' charge ' of February 16, 2010, WP 169). In the absence of those conditions, in order to make the processing of personal data in accordance with the rules in force, it is necessary that the said third parties responsible for carrying out political campaigns are expressed and formal designation as data processors according to art. 29 of the code. Where the third party has been designated responsible for processing by one or more owners (political parties and movements, committees or individual candidates who pursue the same purpose of electioneering and associated political communication), you can request a copy of the electoral registers on behalf of themselves and maintain, in that capacity, the specific processing operations for the period of time necessary to the completion of the election campaign (collection electoral lists in the municipalities , use of data for printing, enveloping and mailing of communications policies). Considering that the relationship between each client and the third party can be seen as the relationship between owner and Manager of the treatment, the designation of the third party must be in writing, in compliance with the requirements for experience, skills and availability, and must be accompanied by precise instructions from the owner, for the best performance of the tasks entrusted to it. The designated agent will treat only the personal data in practice actually indispensable for prosecution of tasks entrusted to it, in accordance with the general principle of relevance and not excessively (article 11, paragraph 1, lett. d), of the code), as well as the precise instructions that the processor has to impart, also for what concerns the safety and use of the data. The personal data that is acquired and held by the third party as the controller cannot be used or made available to other clients who subsequently request. 6. Notices given the particular sensitivity of data processed and significant profile highlighted with this provision, the information, where due, it should be made preferably in structured surfaces and detailed (article 13, paragraphs 1 and 2, of the code), adopting effective formulas and easy to understand for those interested. In order to facilitate the requirements Code, it is considered appropriate to set up an information model, which can be used by recipients of this provision, in the course of the ordinary activities of contact with members and supporters. The information below can be adapted according to the specific factual circumstances, and subject to change and updates with respect to any changes in the Organization of the political entity or administration of membership, may be provided orally or in writing, if necessary by inserting it into forms already used for other purposes (e.g. party, signing of petitions, etc.).
Notice (article 13 of the personal data protection code) ' the data provided by you (for example. upon registration to the party, signing a petition) will be used, even by electronic means, by (indicate the holder and the eventual/gli/co-owner of the processing) for the sake of (indicate the specific purpose) and will not be disclosed to third parties or made known to them (or give a short summary of the entities or categories of entity data recipients, the prospective role as managers or independent data) or (Alternately, specify the scope of dissemination). The conferment of your data is (specify whether required or optional) and a refusal could (specify the consequences, eg. compromising the performance of certain activities '). We remind you that you can exercise your rights under art. 7 of the code (ex. access to your data at any time, request the origin, the updating, correction, erasure, anonymization or blocking of data processed unlawfully) Turning to (indicate the coordinates of the owner or person in charge, if appointed, to the response to data subjects in case the rights as per art. 7). The updated list of data processors is available at (indicate the website or how to read them). "
Also in relation to the purposes of electoral propaganda and associated political communication, information-in cases where it is due--can be made using the model shown above. When data used for electioneering are acquired from third parties, it is considered appropriate that the information also indicates the source of data (eg. «your data have been acquired at/from ... "). So, in order to ensure that interested the integral understanding of the characteristics of the treatment, and, at the same time, prevent the proprietor's recipient, in a short period of time, numerous requests for access in accordance with art. 7 of the code, limited to the data source. 7. exercise of rights and other protections. The person concerned, by contacting the data controller or data processor, can at any time exercise your rights under art. 7 of the code. In this regard, can access your personal data, to request its rectification, updating or source; obtain the identity of the owner or person in charge, the designation of the persons or categories of persons to whom the data may be disclosed; Finally you can request the deletion or blocking of data processed unlawfully, and can oppose the processing for legitimate reasons. With particular reference to the processing of data carried out for purposes of electoral propaganda and communication policy, the party concerned may at any time object to receiving such material, even if they have previously expressed informed consent. In such a case, the holder is obliged not to send additional messages to the person concerned anymore, even on the occasion of successive election campaigns or referendums; This also applies in the event that personal information is removed from the electoral roll, whose discipline expressly provides for their use for the purposes considered (art. 51 Decree of the President of the Republic No. 223/1967). Such a request may, however, be granted only for the processing of data contained in the lists already collected, and not in relation to activities of political communication carried out through the use of electoral registers that may be acquired in the future. Requests made pursuant to art. 7 of the code obliges the holder to provide an adequate response in the time allowed (sections 8 and 146 of the code); If it does not supply a match eligible, the party concerned may apply to the judicial authority or appeal to the guarantor (arts. 145 ff.). In any case, where the person concerned a preliminary treatment still laments illicit personal data concerning you, you may contact your Sponsor through detailed complaint or report with the terms laid down in articles. 141 et seq. of the code. 8. security measures and other formalities. Within the framework of the processing of personal data relating to members, to individuals who have regular contact, individual sympathizers or citizens should be given particular attention to guarantees and safeguards provided for in the code, in relation to the various stages of the treatment, laid down for the protection of the persons concerned. The treatment of personal information by political parties, movements, committees of promoters and supporters, as well as individual candidates, should not, as such, be notified to the sponsor, not among the cases specifically listed in art. 37 of the code. It is also optional to designate one or more controllers (article 29 of the code), while it is mandatory to designate the natural persons in charge when performing treatment under the direct authority of the owner or person in charge (article 30 of the code). We must also adopt the security measures established by art. 31-36 and Annex B) of the code.
All circumstances the guarantor 1. in accordance with art. 154, comma 1, lett. h) of the code draws the attention of political parties, movements and other political formations on the need that they observe the processing procedures detailed in motivation (see para. 1, 2, 3 and 4) in order to allow interested parties, in particular, the exercise of their rights as a result of an actual understanding of the type and the characteristics of the treatment while at the same time ensuring the effective performance of duties that the law requires the owners of data processing; 2. in accordance with art. 154, comma 1, lett. c) of the Code requires political parties, movements, committees of promoters and supporters, as well as individual candidates, to make the processing of personal data for purposes of electoral propaganda and associated political communication at modalities established in sec. 5 of this provision; 3. under articles. 13, paragraph 5, and 154, paragraph 1, lett. c) of the Code stipulates that political parties, movements, committees of promoters and supporters, as well as individual candidates, where they use personal data extracted from public directories listed in para. 5: a) may regardless of obligation to make disclosure to interested parties beforehand from the sixtieth day preceding the date of the consultations until the 60th day following the end of the same or of any ballot, provided that the submission is clearly indicated an address (postal address , email, possibly also with reference to a website where these references are easy to find) to which the person concerned can easily turn to exercise your rights under art. 7 of the code (see para. 7);
b) can continue, after the said sixty days of the end of the consultation or any ballot, to deal with (including through the mere preservation), the personal information collected lawfully in accordance with the modalities set out in this decision, for the exclusive purpose of electioneering and political communication, connected only if inform interested parties within the next sixty days under the conditions provided for by art. 13, paragraphs 1 and 2, of the code, or using the following statement in para. 6 model;
c) must delete or destroy data if the information is not made within the times aforesaid. 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.
Roma, March 6, 2014 President and Rapporteur: Soro the Secretary-General: Busia