US embassy cable - 03ROME2652

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 
 
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 2003ROME02652 - Classification: UNCLASSIFIED