g-docweb-display Portlet

Profiling and Telephone Operators: The Rules Set Out by the Italian DPA

Stampa Stampa Stampa
PDF Trasforma contenuto in PDF

versione italiana  

Profiling and Telephone Operators: The Rules Set Out by the Italian DPA

Various inspections performed by the DPA showed that telephone operators carry out an impressive amount of profiling activities without any consent from data subjects. In practice, customers´ data have often been used to profile habits, inquire into their preferences, analyze their phone bills, and for many more purposes.

This is why a decision was published by the DPA laying down the rules to ensure that personal data are appropriately used with a view to profiling in the telecommunications sector.

Firstly, the DPA reiterated that no data may be used for these purposes without first adequately informing data subjects and obtaining their explicit consent.

Secondly, the DPA clarified that the above rules are applicable – generally speaking – to "aggregate" personal data as well; however, the DPA ruled that for aggregate data telephone operators may also apply for the DPA´s prior checking by specifying the mechanisms and arrangements of the processing in question. As part of its prior checking, the DPA will decide on a case by case basis whether the processing may be authorized in the absence of the data subjects´ explicit consent. However, adequate information will have to be provided to customers in all cases.

Furthermore, the DPA set a deadline (30 September 2009) for telephone operators that already performed profiling activities to comply with the above rules -  by lodging a prior checking application with the DPA.

Conversely, all the above rules will be immediately applicable to any profiling activities that are initiated following entry into force of the DPA´s decision.

10 July 2009