Identifier
Created
Classification
Origin
03ROME2652
2003-06-12 09:25:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Rome
Cable title:  

ITALY PRIVACY DRAFT EXECUTVE ORDER WOULD

Tags:  ECPS ETRD IT EUN 
pdf how-to read a cable
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS ROME 002652 

SIPDIS


STATE PASS USTR
STATE PASS FTC
STATE PASS DEPARTMENT OF HOMELAND SECURITY NUALA KELLY
DEPT FOR EUR/WE, EUR/ERA, EB/CIP

SENSITIVE

E.O. 12958: N/A
TAGS: ECPS ETRD IT EUN
SUBJECT: ITALY PRIVACY DRAFT EXECUTVE ORDER WOULD
REDUCE TIME REQUIRED TO MAINTAIN TELEPHONE DATABASES


THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED.

UNCLAS ROME 002652

SIPDIS


STATE PASS USTR
STATE PASS FTC
STATE PASS DEPARTMENT OF HOMELAND SECURITY NUALA KELLY
DEPT FOR EUR/WE, EUR/ERA, EB/CIP

SENSITIVE

E.O. 12958: N/A
TAGS: ECPS ETRD IT EUN
SUBJECT: ITALY PRIVACY DRAFT EXECUTVE ORDER WOULD
REDUCE TIME REQUIRED TO MAINTAIN TELEPHONE DATABASES


THIS MESSAGE IS SENSITIVE BUT UNCLASSIFIED.


1. (U) THIS IS AN ACTION REQUEST, SEE PARAGRAPH FIVE.


2. (SBU) IN A WORRISOME AND UNEXPECTED DEVELOPMENT, THE
GOI HAS ISSUED A LEGISLATIVE DECREE WITH A PROVISION
THAT, IF ADOPTED IN ITS CURRENT FORM, WOULD REDUCE THE
REQUIREMENT FOR TELECOM COMPANIES TO MAINTAIN TELEPHONE
DATABASES FROM FIVE YEARS TO 18 MONTHS. THE OMNIBUS
DECREE IS BEFORE THE JUSTICE COMMITTEES OF THE CHAMBER
R
AND SENATE, WHICH MUST ISSUE OPINIONS, ALTHOUGH NON-
BINDING, ON THE DECREE BEFORE JUNE 30. PARLIAMENT, IN A
2001 LAW, MANDATED THE EXECUTIVE BRANCH TO ISSUE PRIVACY-
RELATED DECREES, OF WHICH THIS OMNIBUS DECREE IS ONE.


3. (SBU) ACCORDING TO OUR CONTACTS IN THE SENATE AND
PRESS STORIES, THE SPECIFIC 18 MONTHS MEASURE WAS
REPORTEDLY VIGOROUSLY SUPPORTED BY THE ITALIAN PRIVACY
AUTHORITY, WHICH HAS RAISED CONCERNS ABOUT THE BIG
BROTHER ASPECTS OF A FIVE-YEAR RETENTION RULE. THE
AUTHORITY ALSO PURPORTEDLY ARGUED THAT COSTS TO MAINTAIN
DATA FOR FIVE YEARS WOULD BE EXCESSIVE. ITALIAN LAW
ENFORCEMENT OFFICIALS STRONGLY OPPOSE THIS MEASURE AND IN
CONTRAST, HAVE INDICATED THAT THEY WOULD LIKE TO SEE DATA
HELD FOR EVEN LONGER PERIODS, POSSIBLY EVEN TEN YEARS.


4. (U) AS NOTED ABOVE, THE DECREE, WHICH HAS NOT BEEN
PUBLICLY RELEASED, HAS BEEN TRANSMITTED TO THE CHAMBER
AND SENATE, WHICH MUST RETURN OPINIONS NO LATER THAN JUNE

30. ALTHOUGH OPINIONS ARE NON-BINDING, PARLIAMENT, IF IT
IT
HAS STRONG RESERVATIONS, COULD REQUEST THE EXECUTIVE
BRANCH TO REVIEW THE DECREE.


5. (SBU) ACTION REQUESTED: EMBASSY BELIEVES THERES A
SMALL WINDOW OF OPPORTUNITY TO INFLUENCE THE DEBATE IN
PARLIAMENT AND REQUESTS WASHINGTON FOR ASSISTANCE IN
DEVELOPING APPROPRIATE TALKING POINTS. INPUT FROM USEU
ALSO WOULD BE WELCOME. WE SPECIFICALLY SEE THE VISIT OF
NUALA KELLY, CHIEF PRIVACY OFFICER, DEPARTMENT OF
HOMELAND SECURITY, ON JUNE 25, AS AN OPPORTUNITY FOR THE
USG TO HELP INFLUENCE ITALIAN DECISION-MAKERS, ESPECIALLY
IN THE CHAMBER, SENATE AND PRIVACY AUTHORITY, REGARDING
THIS DRAFT DECREE.


6. (SBU) COMMENT: WE ARE CONCERNED THAT THE PRIVACY
AUTHORITY IS LAYING DOWN A MARKER ON PRIVACY ISSUES IN
THE LEAD-UP TO ITALYS EU PRESIDENCY. IN A RECENT LETTER
TO EU COMMISSIONER PRODI, STEFANO RODOTA, PRESIDENT OF
THE ITALIAN DATA COMMISSION, SHARPLY CRITICIZED THE
INTERIM PNR AGREEMENT NEGOTIATED BETWEEN THE U.S. AND EU.
POST WILL CLOSELY WATCH THE AUTHORITY AND ALERT
T
WASHINGTON AND USEU SHOULD THE AUTHORITYS RUMBLINGS
ABOUT PRIVACY BECOME STRONGER. END COMMENT.
SKODON

NNNN
2003ROME02652 - Classification: UNCLASSIFIED