MARKETING AND PRIVACY: THE CONSENT "FORCED" FOR PROMOTIONAL PURPOSES
Give its consent to the processing of personal data is now mandatory when building online forms to finalize a purchase or request for services. Often, however, it is required also authorize the processing of data for commercial and marketing purposes. But give consent to this particular type of treatment is required?
THE PROCESSING OF PERSONAL DATA
The processing of personal data was initially set by Law no. 675/96, which gave effect to the Community Directive 95/46 / EC. Because of the subsequent adoption of several laws on the subject, it was necessary to coordinate the relevant regulations through a Consolidated. For this purpose, it was approved the Legislative Decree no. 196/03 ( "Privacy Code"), which establishes what are treatable data, the security measures to be respected and codes of conduct to be observed. To safeguard the correct treatment of data and the respect of the rights related to the use of personal information, it was established the independent administrative authority of the Guarantor for the protection of personal data.
WHAT SAYS THE SPONSOR FOR PRIVACY
Following a report made by some citizens, the Guarantor for Privacy has had the opportunity to comment on the request for consent "required" for promotional purposes. The citizens who have submitted the report to the Guarantor, in fact, complained that, in order to take advantage of some online services provided by an energy supplier, it was necessary to authorize the processing of their personal data for marketing purposes. In this regard, former Articles 23 and 24 of the Privacy Code stipulate that the processing of personal data may only be free, prior and explicit consent. With Instruction no. 439 of 2016 on the Privacy reiterated that the consent for the processing of data for commercial purposes must be separate and optional than that relating to the processing of personal data necessary to provide the service or execution of the contract . So, if this principle is not observed, the citizen can refuse to give its consent to the processing of data and contact the Guarantor for the protection of personal data for the protection of their rights.