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"Issues dell'Arma violate privacy." For the Guarantor sott'accusa 95 million practice

La Stampa, 24 January 2001, page internal

The lance submitters must defend himself for "poor performance"

"Issues dell'Arma violate privacy '

For the Guarantor sott'accusa 95 million practice

Guido Ruotolo

The investigations carried out did not reveal any unlawful treatment.

however. on the processing of personal data, the reports have highlighted problems ....» and "information provided by the Carabinieri denote that the practice adopted long ago have led to excessive growth and a stable storage of a number of standing practice, that the Corps estimates that approximately 95 million. "

When reported that the constable chosen of the police officers employed by the Compagnia di San Giovanni Valdarno, Valerio Mattioli, turned to the Privacy, Stefano Rodota, denouncing the existence of "at least 70 million-standing practice of personal files," shouted many in the 'hoax ', declared unreliable statements appointment Mattioli: the investigation conducted by the sponsor Rodotà in fact confirmed the existence of those files. Indeed, it is rather the General Command of this to be true, stating that the files of 95 million.

The investigation initiated by the office of the Supervisor from May 5, 2000, when he arrived reporting Mattioli ended giving some clear indications to the Government and Parliament so that ensures data protection commissioner, Stefano Rodota, "in this area soon replace him."

sensitive and important, that of 'personal files. " Rodotà always says: "At the end, we had the worry of a balance between the interests of transparency and democratic control and the need for privacy-related investigative activities.

This case shows that when it sets in motion a virtuous cycle that starts from the reporting of city, through the activation of public opinion which plays a positive role against the guarantor and institutions, the result was immediate. Our work focuses on the direct responsibility of the government and Parliament in having allowed a long way to uncovering the rules were introduced. "

In essence the findings of the Guarantor have documented that the collection of information by the Carabinieri - the so-called personal files - although not unlawful has some faults, "an excessive growth and a stable storage of a huge number of practical permanent that the Corps estimates that approximately 95 million. "

The Guarantor urges the Government and Parliament to a 'urgent action on . Meanwhile, the constable chosen Valerio Mattioli, submitters to the Guarantor, will have to defend himself on Jan. 29 before the commission of the General Command of the charge of "underperformance."

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In 50 years the Corps has collected information on 95 million Italians. The Guarantor: it can not continue

The Republic January 24, 2001, an internal page

In 50 years the Corps has collected information on 95 million Italians. The Guarantor: it can not continue

stop the police
The Privacy "tab, but with caution"

Daniele Mastrogiacomo

Rome-All regular. But the filing of mass we have been experiencing at least fifty years can not continue with the same criteria.

on us, on more than 95 million people, organizations, associations, industries, trade unions, political parties, sons, fathers, wives, grandparents and great-grandparents, the Carabinieri knows everything. Just being stopped once at a checkpoint in the straight to finish brainy Interior Ministry, the famous Ced. Without doing anything, not even a small infringement of the highway code.

After a year of investigation and careful analysis of the mechanisms used in gathering the information, the Office of the Ombudsman for Privacy Rights issued its ruling. Eight pages, put forth by the four essays that make up the bureau, in which calling on the government and parliament to bring order to a subject too delicate for the confidentiality of personal data. With a premise, important investigations carried out have not found the unlawful treatment of the information collected by the owner. There were no detours or misuse maybe blackmail, any data that belong to us. But this underlines the Office of the Ombudsman does not mean that the matter should not be regulated differently. How? Through a standard that defines the boundaries of the collection, use of information, their destruction, their selection.

there a law which established the Privacy Policy and this requires an adjustment by those who is called, for safety reasons, legal or public policy, to control the territory.

For administrative issues, the Ombudsman invited the Corps to use sources of regulations and allow interested parties the opportunity to access personal data.

also seems inadequate to the treatment area related to the defense and state security. The weapon must be able to operate, but there are strict laws which shall also state the military involved in the collection.

Then there is the chapter of the CED, the Data Processing Centre of the Ministry of Interior pains. It should not be a sort of bottomless pit into which flows all around. We need a criterion selection in the collection. The news or information are travasate must be relevant and related to criminal investigations or police. The same data must then be updated, changed or destroyed if no longer relevant.

The 95 million permanent practice, even in archives dell'Arma really seem excessive and the data they contain are in conflict with the Privacy Act. What to do? Rodotà has no doubts. Presidency of the Council and the Ministry of Defense must change the collection policy with a special law. The weapon must adapt and provide feedback on the change by February 28 next year.

La Repubblica, January 24, 2001, inside page 2

"We have committed unlawful acts"

Rome - "We have nothing to say," observes Colonel Gianfranco Linzi, head of external relations at the General Command of the Carabinieri. "Wait till you change the law."

The office of the talk of legal vacuum.

'Ombudsman for Privacy acknowledged that there was no unlawful conduct. The weapon has therefore always acted properly and is in good standing. "

The issue was also raised by one of your military. He gave you trouble?

"The criticisms were of a single a priori. His requests were not, but real complaints'

.
problem. however, exist.

"If we had been accused of illegality. we would have acted promptly. We have recognized, however, not only good faith but conduct wholly regular. "

but we encourage you to change the system of collecting information.

"They ask us to change the system and criteria in collecting and sorting information. We have no difficulty in doing so and when we ask him. "

waiting?

"We are here. We are waiting for provisions to understand how we behave. "

The Guarantor has called you to edit the policy of collecting information.

"No. The Guarantor has described the regulatory gaps. But he turned to other institutions. When the government and parliament will change the current framework, we will adjust. "

And standing practices collected so far?

"will set the new standard."

Data collected from carbinieri

95 million practices standing in the archives of the Carabinieri

contain double and triple data and information relating to the same subject and his family up to the previous two generations

About citizens living and dead, political parties and movements associations, businesses, industries and unions political opinions, customs and habits in public esteem and reputation enjoyed.

The requests from the

Privacy

The Commissioner's Office considers that there were no illegitimate conduct in the collection of information but many irregularities ' that in his opinion should be changed because' contrary to the law on data protection are

were asked:

• 
  New terms of preservation of information;
• 
  different levels of consultation;
• 
  caution in the treatment of data relating to the personal sphere;
• 
  periodic checks on relevance of the information collected
• 
  improve the techniques used;
• 
  you have to change the use of data transmitted to the interior ministry Ced;
• 
  the opportunity to those who request it access to data for administrative purposes.

The protagonist

Speak the appointment that has raised the case. Now likely to be driven

"I will pay, but I am satisfied"

Rome - "Yes, I'm satisfied. Even if you pay a heavy price for my fight citizen and servant of the State. " Valerio Mattioli, 40, pinned chose the Carabinieri, the military has led the Office of the Ombudsman to take a position on an issue that involves delicate and protect the privacy of everyone. But a year after his request for clarification, may exempt the holder from the gun. Virtually expulsion.

She believed that the information gathering was illegal. The Ombudsman says no.

"The Supervisor said that data collection is not unlawful. But he also said that there is no law regulating such collection. So if there is no law governing such a delicate matter, the treatment that makes these data is uneven. "

think that your care was founded?

"I believe so. The Guarantor is about standing practices. And these practices contained opinions on the reputation enjoyed in public, the political opinions of their relatives, attitudes, habits. I gather that this information, which possess authority to "shed light on the personality" of a particular person? In short, I think I was right when I asked if these methods were regular or not. "

E 'be punished?

"Four times. With days of delivery of rigor and now with a request for waiver by the owner. For poor performance. "

do it again?

"Sure. I do not hesitate to make the battles even though, apparently, for me, I'm lost. The important thing is to believe. I was able to clarify a key point that concerns us all. They asked me to stop, stop, stop. To make a career. I have asked a different question:
had to be the first to respect the law. "

La Repubblica, January 24, 2001, inside page 3

The Guarantor

"It requires new legislation"

Rome - "Are there any regulatory gaps." says Professor Ugo De Siervo, constitutional expert and board member of the Office of the Ombudsman for Privacy Rights. "And this requires a new discipline in the collection and use of data by the Carabinieri.

a striking figure, Professor: 95 million cards. She did not seem too much?

'E' as a hit. But consider that many of the practices are double or triple. Why is it useful to do a little 'order'.

What do you want the weapon?

"We have invited the Council Presidency and the Ministry of Defence to fill the current void in a regulatory framework governing the industry. You need role models more accurate. You can not go for any subsequent amendment only because it has always done so. "

The pronunciation of the Guarantor comes thanks to the insistence of a policeman who asked your opinion.

"We had over 15 requests for clarification, but there is no doubt that the pinned Mattioli had the merit to raise the issue."

His insistence was so positive.

"The weapon was actively engaged. But it is clear that the matter needs a change. Just think of the importance to our privacy information. It would count in a society like ours, how they can be used. "

Who should take action now?

"It is for the Government and Parliament to intervene. They are the institutional parties responsible. "

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hundred million files

The Nation, January 24, 2001, internal page

hundred million files

The Guarantor weapon "Nothing profiling"

Lorenzo Sani

Bologna - hundred millions of Italians, including deaths, filed by the Police . If an error has made the choice pinned Valerio Mattioli, at a price that denounced the Guarantor for the privacy and 80 prosecutors to the existence of 70 million records, is a mistake to default.

The reality, confirmed by the same Supervisor who reported to the Prime Minister and Minister of Defense "the need for prompt intervention in legislative and regulatory framework to complement the current regulations governing the collection and use of data by Carabinieri, "it abundantly exceeds that estimate, giving Italy a world leader in the collection of files.

Rodotà is very careful to move along a boundary line, very narrow: it says, in substance, that there are "unlawful treatment" of data by the Carabinieri, but irregular.

His words leave little doubt, however, also for the sensational vo1ume the maxi filing. Millions and millions of permanent files (which by law can no longer be) almost twice the population of the country, in which include not only associations and parties, but also politics, religion, sexual habits of various information and free citizens living or dead.

Stressing that requires' new complete rules for the securities in favor of citizens' Professor Stefano Rodota invites the General Command of the procedures to comply with privacy laws, but also to provide feedback on the steps taken by February 28. Four years from the entry into force of the law, in short, the Guarantor gives another month to come into compliance for the weapon.

E 'perhaps the first time that civil authority in a bureaucratic soft but firm, reminds so peremptory as the military institution.

"Communications dell'Autority reassured me: they are proof that my complaint was unfounded, said yesterday the company's sprawling Valerio Mattioli San Giovanni Valdarno that, when he went out into the open with complaints, has not only seen the tip of his reviews "mirror assessment" , which went from excellent to poor, but then ran into an endless succession of Kafkaesque disciplinary shades. The number of punishments, including 'the violated delivery "because it came out a picture of him in uniform in our paper (from what it was supposed, of course, who left the job to be photographed), culminated in the proposed radiation for poor performance which will be examined within the next 15 March.

"As the leading authority on the grounds considered the concerns raised - said Alfio Nicotra, head of the peace of the PRC - we hope that the Minister of Defence and the Commander General of withdraw these measures."

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Command will update or delete 95 million personal records

Time, January 24, 2001, internal page

of the Privacy Appeals to the government after complaints appointment Mattioli

'Stock of the Force, are new laws "

Command will update or delete 95 million Card personal

Stefano Mannucci

Rome - I 95 million "permanent practices' registered to citizens living or dead, associations and bodies, preserved in the archives of the Carabinieri.

to the Privacy, Stefano Rodota, it takes an 'urgent legislative action "and an immediate new internal rules in the system of collection, use and handling of such personal information.

The General Command of the said he was willing to verify, update, store, or possibly destroy all that material, and no later than February 28 is expected to report same to the Guarantor on the measures to be undertaken. The pronouncement

of Rodotà comes after months of investigations by the complaints born of a corporal of the police, Valerio Mattioli, effective control of the Company at the Core of San Giovanni Valdarno, near Arezzo. Mattioli had repeatedly reported the existence of 70 million in public (there are many more, as we have seen) of personal files held in 5000 Carabinieri stations scattered throughout the peninsula.

Mattioli for his statements many times has suffered disciplinary action: an interview published in "Time" on October 5 last year cost him eight days of delivery of rigor, on the grounds that his statements "the prestige ledevano institution and other military and were in breach of the duties relating to their state, in particular the sense of responsibility. "means" stock market crash "at his appointment Command: evaluation of the mirror Mattioli, who first revealed allegations of a framework for 'excellence, suddenly becomes inadequate under "common sense", that assessment was "poor", the "conduct in-service" "bad," and by mouth.

Now the Guarantor acknowledges that the personal battle of the policeman had some reason for being: to Rodotà the weapon would submit to treatment "illegal" data files, but still occur in that archive "irregularities "lacks adequate legal support. Claim as well as the privacy principles introduced by Law 675/96. In addition, according to the Authority, it must operate according to the purposes of distinction, the shipowner, the treatment of those files.

In the case of purely administrative activity (data from legal and economic treatment of personnel, participation in competitions and so on), the Guarantor urges adjustments from a regulatory perspective, while for the "profiling" of certain requirements defense, national security or the prevention, investigation and prosecution of crimes, Rodotà appeals to the government: we need new laws. "base law is insufficient "and the matter is obviously hot.

Mattioli reveals in" Time ":" Most of the local population was entered according to the old criteria (the practice dates back more than half a century ago, ed), including political opinions, religious and kin. All data, compared with one another, were able to reveal the ethnic, racial ....» And again: "Most of the information we provided the people themselves, through the fiduciary relationship is with the weapon. And some of these stories were actually snatched the knowledge of the interlocutors. data that ended up on the personal file of the person concerned and became permanent. Political opinions are the most hateful, because it would penalize the occupation of a child for the ideas he believed his father decades earlier ... ".

the command of the Guarantor then asks, "in a spirit of cooperation", to "establish new and more proportionate terms of data retention," "maintain adequate safeguards with respect to data going back in time, especially as regards as sensitive, the opinions expressed in the past enjoyed the esteem and reputation in public relations and friendly relatives "and" periodically verify compliance with the principles of relevance and non-surplus processed information, including in peripheral structures. Rodotà formula also a reminder of personal information disclosed to the EDC, the Data Processing Centre of the Department of Public Safety. for requiring a "selective update "......