The Privacy Supervisor has expressed a favourable opinion to the Ministry of Economic Development on an updated version of the rules of the Public Registry of Oppositions, the service that allows you to oppose the use for advertising purposes of your phone numbers.
However, the Authority requested that the new rules apply only to telemarketing carried out by operator calls. Automated marketing communications cannot under any circumstances be carried out without the express consent of the person concerned.
The Regulation implements the reform which provides for subscribers to enter all fixed and mobile national telephone numbers, whether or not listed in the Register.
The new version adapts the text to the findings made in the various opinions given in this field by the Council of State, the •Agcom, the Minister for Technology Innovation and Digitalization, and incorporates, almost entirely, the indications given by the Guarantor in the previous opinion
However, the Authority requested that the text be corrected where it identifies the processing of data by using the telephone as one of the areas of application of the Regulation. The Authority should be observed, as specified, the original version of the scheme, on which the Guarantor gave his previous opinion, which referred, for telemarketing, only to the treatment performed by human operator using the telephone.
In fact, in regulating all unwanted communications, Article 130 of the Code distinguishes between communications made in automated mode and communications with the intervention of the operator. The decree under consideration is inserted only and exclusively in this second category.
Therefore, the Guarantor specifies that, at present, it is not legally correct to extend the scope of the RP also to automated communications, which always provide the consent of the data subject for their invasive character.