Processing Of Personal Data For Electioneering Activities. Exemption From The Policy. (Resolution No. 228).

Original Language Title: Trattamento di dati personali per attivita' di propaganda elettorale.Esonero dall'informativa. (Delibera n. 228).

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The AUTHORITY for the PROTECTION OF PERSONAL DATA at today's meeting, in the presence of Dr. Antonello Soro, President of Augusta Iannini dott.ssa Giovanna Bianchi Clerici, Vice President, dott.ssa prof.ssa Licia and Califano, components, and Dr. Joseph Busia, Secretary General; Having regard to the ' personal data protection code», d.lgs. June 30, 2003, no. 196 (code); Considering that in may 2013 there will be the election of mayors, municipal councils, and District Councils and in June 2013 will take place, also, the election of the President and of the Regional Council of the region Valle d'Aosta; Given that political parties and movements, 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 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, if the data are not collected from the data subject, shall 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 in such case any appropriate measures (article 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 web, doc. 1165613) under which they were shown the conditions under which political parties, movements, committees, sponsors, supporters and individual candidates can lawfully use personal data for political communication and electoral propaganda and referendum; Felt, also, that the requirements of that provision are to be considered integrally recalled here, with the exception of lett. B) of point 4 concerning the processing of personal data of the holders of users published in telephone directories for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication; the processing of such data, in fact, it is now admitted without prior consent, except that they exercised their right of objection through registration in the "public register of oppositions» governed by p.r.Decree of September 7, 2010, n. 178, published in the Official Gazette of November 2, 2010, # 256 (article 130, paragraph 3-bis et seq., of the code); Considering that, as a result of the above changes in art. 130 of the code and the establishment of a public register of the opposition, has been introduced to nominees of users published in telephone directories for an exception to the general principle of the duty to acquire free, specific and informed consent beforehand, which operates only for the processing of data made through phone calls with physical operator for purposes of sending advertising material, direct sales or for carrying out market research or commercial communication; Given that this derogation does not apply in relation to the processing of personal data of the holders of users published in telephone directories made for electoral and political message forwarding in relation to elections, for which it remains therefore stop the need to acquire prior informed consent of the persons concerned under articles. 13 and 23 of the code; Considering also that the data subject's consent must first be acquired even when the processing of personal data for purposes of communication and electoral propaganda is carried out through the use of automated calling systems without human intervention and by means such as e-mail, fax, Mms or Sms, as provided for by art. 130, paragraphs 1 and 2, of the code; Considered that the framework of guarantees and obligations invoked with the cited decision of September 7, 2005 also operates in connection with the forthcoming elections; Given the need to exempt temporarily from the obligation of disclosure under art. code 13 Parties, political movements, advocates and individual candidates, which process personal data for the sole purpose of selecting candidates for election, electoral propaganda and associated political communication, 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 persons exempt entities that use the data for the purpose of selecting candidates for election, electoral propaganda and associated political communication, from the obligation to make the notice, until the date of August 31, 2013 only in the event that: s) the data are collected directly from public registers, lists, records or other documents available to anyone without contacting the persons concerned, or

II) propaganda material that you intend to send both small such that, unlike a letter, it is not possible to insert an appropriate disclosures also synthetic; Considered that, after the date of August 31, 2013, parties, political movements, advocates 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 the exclusive purpose of selecting candidates for election, electoral propaganda and associated political communication, only if will inform interested parties by October 31, 2013 under the conditions provided for in art. 13 of the code; Considered that, in the event that parties, political movements, supporters and candidates do not inform stakeholders within this deadline of October 31, 2013 under the conditions 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 in accordance with art. sponsor 15 of Regulation No 1/2000; Speaker Dr. Antonello Soro;
All circumstances the guarantor 1. In accordance with art. 154, comma 1, lett. c) of the code, prescribes treatment affected holders who wish to lawfully use personal data for political communication and electoral propaganda in order to make the treatment in accordance with the provisions in force, to take the necessary and appropriate measures identified in the general provision of this authority of September 7, 2005, (published in the Official Gazette of September 12, 2005, # 212 , and at www.garanteprivacy.it, doc. Web # 1165613), whose requirements are fully referenced in this provision, with the exception of lett. B) of point 4 (telephone directories), as a result of changes in art. 130 of the code and the establishment of the public register of the opposition. " 2. In accordance with art. 13, paragraph 5, of the Code stipulates that political parties, political movements, supporters and candidates: a) obligation to inform the persons concerned may regardless as to the processing of personal data concerning them, until August 31, 2013, unless: I) the data are collected directly from public registers, lists, records or other documents available to anyone without contacting them interested or II) propaganda material that you intend to send both small such that, unlike a letter, it is not possible to insert an appropriate disclosures also synthetic;
b) can continue, upon the date of August 31, 2013, 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 the exclusive purpose of selecting candidates for election, electoral propaganda and associated political communication, only if will inform interested parties by October 31, 2013, under the conditions provided for by art. 13 of the code;
c) If you do not inform the concerned within this deadline of October 31, 2013 under the conditions provided for by art. 13 of the code, must delete or destroy data. 3. Has the transmission of a copy of this decision to the Ministry of Justice-Office publication laws and decrees, for its publication in the official journal of the Italian Republic.
Roma, April 24, 2013 President: Soro the rapporteur: Soro the Secretary-General: Busia

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