Posted by:
steve benson
(
)
Date: December 26, 2016 06:56PM
[doc. web n. 4362736]
"Decision of 16 July 2015
"register of measures
n. 430 OF 16 JULY 2015
"THE GUARANTOR FOR THE PROTECTION OF PERSONAL DATA
"In the meeting today, in the presence of dr. Antonello Soro, president, dr.ssa Augusta Iannini, vice president of prof.ssa Licia Califano and dr.ssa Giovanna Bianchi Clerici, components and Dr Giuseppe Busia, secretary general;
"HAVING REGARD to the appeal submitted to the Authority on 7 April 2015 in respect of the Church of Jesus Christ of Latter-day Saints with whom XY, not doing more part of this organization, reiterated the instances already advanced within the meaning of art. 7 d.lgs. n. 196 of 30 June 2003 - the Code in matter of protection of personal data (hereinafter the "Code"), opposing to the further processing of data concerning him which it has requested the deletion;
"HAVING REGARD to the further acts of the office and, in particular, the note of 13 April 2015 with which this authority within the meaning of art. 149 SUBPARAGRAPH 1 of the Code, has invited the resistant part to provide feedback to the requests of the person concerned as well as the note of 5 June 2015 with which it has been placed, within the meaning of art. 149 SUBPARAGRAPH 7 the extension of the deadline for the decision on the appeal;
"HAVING REGARD to the note of 20 April 2015 with which the defendant has claimed to have recorded in their records the willingness of the applicant not to be more state;
"HAVING REGARD to the minutes of the hearing of 24 April 2015 held at the offices of the Guarantor in the course of which the applicant in represent that on the Internet site of the Church resistant lds.org" "are still detained data relating to your account (as from screen filed in place of hearing), reiterated the request to be deleted from any archive by opposing every type of communication coming from the same;
"HAVING REGARD to the note of 15 May 2015 with which the respondent Reiterated not to be "an organization of a commercial character" and never to have contacted the applicant for commercial purposes; furthermore, the same argued that all can register to the site "lds.org" by means of an own account "regardless of the membership of the Church" and that registration may be automatically canceled by the user himself; finally, the respondent has ensured that none of the governing bodies or institutions of the Church herself will come into contact with the applicant;
"HAVING REGARD to the notes of 19 and 26 May 2015 with which the applicant has argued that there is no automatic cancellation of registration at the site of resistant and reiterated that continues to receive from the latter different newsletter "having evident reasons of Marketing";
"HAVING REGARD to the note of 12 June 2015 in which the defendant has stated that "following its request, we provided directly to the closure of his lds account on 11 June 2015";
"HAVING REGARD to the notes of 13 and 25 June 2015 with which the applicant reiterated that you have again received email from "ldschurch.org" therefore putting in doubt the cancellation of data concerning him, confirmed instead from resistant;
"HAVING REGARD to the note of 7 July 2015 with which the resistant part again reiterated that it has been established that in their computer systems are no longer present information relating to the applicant at which email address would no longer be sent any e-mail; Detected that the defendant has argued that the e-mail received by the applicant could, in its opinion, come from independent sites from the official one of your organization created independently by some members to which the applicant could have writing; the respondent, in order to carry out additional verifications, has therefore invited the applicant to provide it with a copy of the e-mails received that are not deposited in Acts;
"HAVING REGARD to the note of 8 July 2015 with which the resistant part, after having received from the applicant a copy of one of the e-mail subject of dispute has found that such e-mail come from a platform called LDS.job.org that "allows the user to receive notifications for positions within the organization"; detected that the respondent, after the necessary verifications, has been able to establish that, "following a communication problem informatica between LDS.job.org and LDS account, the instrument LDS.job.org was not deleted automatically together with the LDS account", fault that will be promptly settled; in any case, the respondent has confirmed that "currently also the account of the applicant on LDS.job.org (for which the same had in his time loaned adjust consent) was closed to equal Its LDS account, closed above";
"felt compelled to declare, pursuant to art. 149 SUBPARAGRAPH 2 of the Code, no need to adjudicate on the appeal, having the holder of the treatment provided an adequate response to the concerned although only after the presentation of the application;
"view the documentation in Acts;
"HAVING REGARD TO ARTICLES 145 ff. of the Code;
"HAVING REGARD to the comments of the Office made by the secretary-general within the meaning of art. 15 of regulation of the Guarantor n. 1/2000;
"rapporteur Dott.ssa Giovanna Bianchi Clerici;
"ALL THIS STATED THE GARANTE:
"declares no need to adjudicate on the appeal.
"Within the meaning of Articles 152 of the Code and 10 d.lgs. n. 150 2011, against this measure may be subject to opposition to the judicial authorities by application lodged at the court of the place where he has his residence, the holder of the treatment of the data, within thirty days from the date of communication of the measure itself, or sixty days if the applicant resides abroad.
"Rome, 16 July 2015"
_____
(Note: The maximum allowable length of the translatable text from this particular translation website was reached before the entire text could be converted to English on the first go-around. So I had it translated via that same site by splitting the text into two portions, then having each section translated separately in two different submissions, then putting both texts together to make it a single text. For a basic web translation, you can enter the text you wish to be converted from Italian to English here:
https://www.freetranslation.com/en/translate-english-italian)
Edited 5 time(s). Last edit at 12/26/2016 07:56PM by steve benson.