Tlc : yes to database intentional defaulters

By | Wednesday November 4th, 2015

Green light by the Italian Data Protection Commissioner to the database of defaulters intentional, to counter the “telephone tourism” for which a user switches to the new operator leaving behind unpaid bills.

This initiated the “Information System arrears intentional in telephony” (SIMo.I.Tel.) To take a census of natural and legal persons, entities, associations, individual enterprises and freelancers who do not comply with the payment of bills telephone on optional packages (subscription + supply of smartphones or tablet). Users will not be included with arrears due to delays occasional, temporary problems or forgetfulness, but to a specific user’s will.

The exchange of information on arrears intentional may therefore be necessary to assess and contain pipes that ultimately would affect not only operators, but also on users with their payments, which may be forced to bear costs otherwise due.

The system – which will be managed by a person who will be identified by the telephone operators – will be treated only information about the missed payments to the customer. They can not be treated sensitive data or judicial.

Information on non-payment may be included in the System only to simultaneous occurrence of specific conditions: termination of the contract by not less than three months; arrears of more than 150 Euros for single operator; unpaid bills in the first 6 months following the conclusion of the contract; absence of other contracts in order with the same operator. Before being inserted into the system, the customer must be warned by the telephone imminent membership. Information on non finalized payments will be kept for 36 months and then will be automatically deleted. The data collected can not be used for other purposes (market research, advertising, marketing). In application of the institute of the balance of interests, provided for by the Privacy Code, the Authority considered that the data contained in SIMo.I.Tel. It can be performed by the operator of the system and by the telephone operators, even without consent. At the time the contract was concluded, however, users will be informed, in a clear and precise, of any processing of their data even within the system.

The provision of the Guarantor, being published in the Official Journal, takes into account the observations made by the public consultation and the meetings held with stakeholders: consumer associations, telcos and Asstel, promoter of the initiative.
Once the phone operators have identified the private entity and manager of the system must notify the Guarantor the name and location of the database, and at least three months before the entry into operation must send a copy of the agreement signed by the parties to enable the Authority to assess compliance with the requirements dictated. It is up to the manager instead the obligation to notify the DPA on the data before it starts.

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About Agostino Oliveri

Agostino Oliveri Data Protection Officer – Privacy Consultant e Auditor Certificated (Num. Reg. DPO 1529 secondo gli standard UNI CEI EN ISO IEC 17024:2012 e 17065:2012 e disciplinato ai sensi legge 4/2013) We work mainly in the field of IT SECURITY with the provision of services and solutions to some penetration testing and security baseline. We provide consultancy to achieve the adjustments required under the law in the area of ​​security of data processed by computer equipment, law 196/2003 (the new Privacy Code undergoing change), law 231/2001 (protection from company computer crimes), adaptation of security bodies to DM 1.12.2010 num. 269, preparation of the feasibility study and business continuity plan in accordance with Article. 50-bis of the Administrative Code digital support for all matters related to the DL 33/2013 on Transparency and L. 190/2012 Anticorruption, we offer consultancy for achieving quality certification according to ISO 9001 and safety according to ISO 27001 certification for information and services for STAR mode CLOUD COMPUTING. I think the significant experience gained with multinational companies has allowed us to achieve a certification of expertise in some areas and very important issues and I think it can be a path to significant and important to share. Then in the light of the many regulatory changes that will have a very important impact on companies, I believe we need a prudent approach and prior verification and certification of existing solutions adopted in order to avoid incurring heavy fines in addition to the guarantee of safety of its corporate assets.

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