Privacy 196/03

The Italian Council of Ministers has granted a new extension for the measures indicated in the Dlgs 196/03 to be applied:
- 31st March 2006 for drawing up the Documento Programmatico della Sicurezza (Policy Document on Security) or  DPsS;
- 30th June 2006 for those who handle data electronically and who hasn’t applied the minimum security measures yet because of reasonable causes;
- 28th February 2006 for the public offices to draw up a law concerning sensitive data.

However, be careful about the minimum security measures. An extension regarding the drawing up of informative reports ,consensus and notification requirements  has not been granted.
The only realities allowed to be granted the extension concerning the adoption of minimum security measures are those able to certify the real and objective impediment of their fulfillment.
Despite the so called  decreto milleproroghe (literally one thousand deferrals decree), all security measures should be adopted not only because of the law enforceability but because they are fundamental to carry out a correct management and  privacy policy  in view of the security of the data handled and of the corporate know-how. It is however impossible to deny that such repeated deferrals belittle the decree credibility and enforceability.
In addition to the importance of such decree as point of reference of each business to define security strategies and the following data protection policies, it is important to remind that Police puts in place continuous controls and that the non-fulfillment  of privacy laws is considered in Italy both a civil and a criminal offence.
It finally exists, in line with the Decree 196/03, a duty of information according to which the security responsible shall keep informed about the procedures and the duties indicated in the Decree both the data handling staff and all the persons who can have something to do with such data.
The extension, that was announced just a week before the entering into force of the Decree, concerns millions of businesses that are still not up-to-date with the new regulations. Such extension has been granted because of the large modifications required by the new measures and the highly complex and awkwardness tasks estimated: both require in fact a longer time compared to that initially granted.