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The strengthening of the Personal Data Protection Authority has been postponed

The Italian government postpones the introduction of a law to strengthen the staff of the Guarantor for the protection of personal data, delaying the fight against illicit telemarketing and the dangers of social media

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The wait for a more robust Personal Data Protection Authority capable of better defending us against the abuses of telemarketing and the dangers of social media will be prolonged. The government has in fact decided to exclude the law which provided for the strengthening of this body. This measure was supposed to be part of the decree-law "on the organization of public administration, sports and the organization of the Jubilee of the Catholic Church 2025", which was approved by the Cabinet on June 15. However, the clause is not included in the final text of the decree.

Original plan to strengthen the Personal Data Protection Authority

In the original draft of the decree, it was proposed to strengthen "the administrative capacity and effectiveness of the activity of the Guarantor for the protection of personal data". Consequently, starting from 1 July, the Authority's staff would have increased to 287 units, compared to the current 200. The estimated cost would have been 10 million euros for 2024, 11 million for 2025 and 12 million per year starting from 2026. These costs would have been covered by a "corresponding reduction in the allocation of the special fund of the current part entered, for the three-year budget 2023-2025", with the help of the Ministry of Economy and Finance.

The need for a stronger Privacy Guarantor

Now, the expectations for the introduction of the law are placed in the next Budget Law at the end of the year. It is therefore a loss of about six months for a more effective fight against illicit telemarketing, which continues to affect Italians despite the existing rules and the Opposition Register. The Authority, as well as all consumer associations, has been requesting an increase in personnel for some time, currently largely insufficient. Currently, it takes at least 24 months to sanction a case of abusive telemarketing, considering the investigations and preliminary investigations.

Privacy and the need for an enhanced workforce

Beyond telemarketing, privacy has proven to be critical to protecting users in the age of digital transformation. For example, the Authority managed to get TikTok to step up its efforts to exclude minors from this platform. In addition, it has taken action regarding social media "challenges", potentially dangerous challenges for young people and also for third parties. The Authority has also taken measures on various artificial intelligence services to ensure that this revolution does not put children at risk and takes place in compliance with fundamental rights. This implies a constant balance between major technologies and citizens' rights. To meet these challenges, more staff is needed, a need that was recognized by the legislator in an attempt to insert the rule in the latest decree.

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06/21/2023 06:00

Marco Verro

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