Wednesday, January 12, 2011

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The card affect the privacy of a fan? The Ombudsman intervenes

In response to several reports of potential violations of the rules on the protection of personal data (D. Lgs. 196/2003) in the "piece of fan, "the Privacy decided to intervene by setting specific safeguards to protect data from supporters of football teams.
The November 10, 2010 the authority has issued a fact measure with which to require all clubs participating in the program of improving and integrating information Fans wishing to members.
As a fan of the card contains the holder's data, is uniquely identifiable, are often equipped with RFID tags and is issued only after a series of checks by the police, with the inevitable judicial data processing (art. 27 Leg. 196/2003), according to the Privacy Code subscribers should have received timely and complete information on which treatments were subjected their data (art. 13 D. Lgs. 196/2003).
But in many cases, given the numerous reports received by the Guarantor, it is clear that things have gone differently. For this, the Authority considered it appropriate to clarify in detail what information must necessarily be given to those who wish to apply for the card.
In particular, the decision of 10 November 2010 explicitly requires that the highlighted information:
- processing of data that do not require the consent, for the issuance of the card,
- treatments data that can be played only on a voluntary basis and ad hoc consensus (marketing, profiling, sending commercial);
- the communication of personal data of subscribers to the Police for the necessary checks on the presence of any measures that hinder the issuance of the card (Daspo., preventive measures, convictions for crimes of the so-called stage);
- the characteristics of processing using RFID technology.
In measure Authority Calls on the two companies that wish to engage in profiling of members, to acquire, for such treatment, a separate specific consent from interested parties, providing, when required even possible notification.
As required, these measures should be taken within 45 days of receipt of the order by sports clubs.


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