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PROTECTION OF PERSONAL DATA – CONSULAR SERVICES AND VISAS

 

PROTECTION OF PERSONAL DATA – CONSULAR SERVICES AND VISAS

Information notice on the protection of individuals with regard to personal data treatment for the provision of consular services (excluding visas and citizenship practices)
(General Regulation on Data Protection (EU) 2016/679, Article 13).

The personal data treatment for the purpose of providing consular services is to be shaped by principles of lawfulness, decency and transparency as a defence of physical individuals’ fundamental liberties and rights.
As specified below, such services are intended for Italian citizens and, where appropriate, foreigners residing in the consular district of the Italian Consulate General in Ho Chi Minh City and / or temporarily present in the aforementioned constituency.
The services refer to the following sectors: marital status, registration to the AIRE (register of Italians residing abroad), voting abroad, attribution of the tax code, assignment of the PIN for the telematic services of the Revenue Agency, confirmation of the driving licenses (only in non-European countries and under certain conditions), vehicle radiation from the Public Automotive Register (PRA), issuing of travel documents (passports and provisional travel documents), issuing of the identity card, social assistance (grants, loans with promises to return, repatriation), voluntary jurisdiction (including international adoptions), judicial assistance (for example in case of minor disputes, missing persons or prisoners and people in custody), administration of private interests (including successions), certification and legalization activities and, where appropriate, functions in the navigation and school sectors.

For this purpose the following information is provided:

The holder of the treatment is the Ministry of Foreign Affairs and International Cooperation of the Italian Republic (MAECI) which acts, in this specific case, through:

Consolato Generale d’Italia
10th Floor - President Place 93 Nguyen Du Street – District 1
Ho Chi Minh City
Tel. +84.28.3827.5445 / 6 - Fax +84.28.3827.5444
E-mail: hochiminh.consolato@esteri.itPEC: con.hochiminhcity@cert.esteri.it

Depending on the service considered, the MAECI can work in conjunction with other public entities, co-owners of the treatment, which will be specified below.
For questions or complaints, the interested party may contact the Head of Personal Data Protection (RPD) of the MAECI (Ministry of Foreign Affairs and International Cooperation, Piazzale della Farnesina 1, 00135 ROMA, telephone: 0039 06 36911 (switchboard), mail: rpd@esteri.it, pec: rpd@cert.esteri.it).
The personal data processed have as their sole purpose the exercise of consular functions, governed by Legislative Decree 3 February 2011, n. 71 - Sorting and functions of consular offices. Below are the details of the articles that give the consular offices the task of providing the individual services, distinguished according to the nature of the beneficiaries (Italian citizens and, where appropriate, foreigners), their residence and their temporary presence abroad.
a. To beneficiaries residing abroad (Italian citizens only):
- Registration for AIRE: art. 9 of Legislative Decree n. 71/2011;
- Paper identity card: art. 22 of Legislative Decree n.71 / 2011;
- Subsidies: art. 24 of Legislative Decree n.71 / 2011.
b. Temporary beneficiaries abroad (Italian and EU citizens):
- Temporary travel document (also called ETD from the English Emergency travel document) reserved for Italian citizens and citizens of other European Union countries represented locally by the Italian Consular Office: art. 23 of Legislative Decree n.71 / 2011.
c. Resident beneficiaries or temporarily abroad (Italian citizens and, in the cases indicated, also foreigners):
- Ordinary electronic passport and temporary passport: art. 21 of Legislative Decree n.71 / 2011;
- Voting abroad: art. 55 of Legislative Decree n.71 / 2011;
- Marital status: art. 6, art. 12-20, art.30, art. 52 and art. 62 of Legislative Decree n. 71/2011 (also for foreign citizens, for citizens temporarily abroad only in specific cases);
- Assignment of the tax code and PIN for the electronic services of the Revenue Agency
- Vehicle radiation from the PRA: art. 52 of the D.L.vo n. 71/2001 (also for foreign citizens);
- Confirmation of driving license (only in non-EU countries and under certain conditions): art. 52 of the D.L.vo n. 71/2001 (also for foreign citizens);
- Granting of loans with a promise of repayment: art. 24 of Legislative Decree n.71 / 2011;
- Repatria: art. 25 and 26 of Legislative Decree n.71 / 2011;
- Notary functions and voluntary jurisdiction, including international adoptions: art. 28-35 of Legislative Decree n.71 / 2011;
- Functions in the field of disputes, judicial police and judicial assistance, including assistance in case of minor disputes and missing persons or in favor of prisoners and detained persons: art. 36-42 of Legislative Decree n.71 / 2011;
- Functions relating to the administration of private interests, including succession: art. 43-47 of Legislative Decree n.71 / 2011;
- Functions concerning administrative documentation: art. 52-54 and 76-77 of Legislative Decree n.71 / 2011 (also for foreign citizens);
- Navigation functions, including supervision of navigation and national maritime traffic abroad, embarkation and disembarkation of seafarers personnel on national ships, the requirements relating to the administrative regime of ships, the issue or renewal of ship's logbooks, the issue, renewal or extention of safety certificates of national ships abroad, the powers for investigations relating to maritime accidents and injuries of sailing personnel: art. 48-51 of Legislative Decree n.71 / 2011 (also for foreign citizens);
- Functions in school subjects, including the issue of declarations of value, the communication of the results of the state exams, the practices for the recognition of school parity, the payment of emoluments to school staff and the contributions to schools and managing bodies : art. 56 of Legislative Decree n.71 / 2011 (also for foreign citizens).

4. The provision of the data in question, which will be registered at the consular office in a special paper and computer file, is mandatory by law. Any refusal involves the non-provision of the service.

5. Data is to be trated by specifically chosen personnel, and is to be brought on with a mix of modalities, both manual and automated. Consequently, the applicant is never to receive a decision which is solely based on an automatised treatment of his/her data.

6. The data will be communicated to the subjects foreseen by the Italian legislation of reference, as specified in the following list:
- AIRE registration: Municipality of last residence in Italy (Law 27 October 1988, No. 470 Register and census of Italians abroad) and, for the payment of pensions abroad, INPS (Article 50, paragraph 2, of the Decree Legislative 7 March 2005, No. 82 and subsequent amendments - Code of Digital Administration / CAD);
- Marital status: competent Municipality (identified pursuant to Article 17 of Presidential Decree / Presidential Decree 3 November 2000, No. 396 - Regulations for the revision and simplification of civil status); Competent Prefecture, for changes of name / surname (Article 89 of Presidential Decree 396/2000); INPS, for the payment of pensions abroad (art.50, paragraph 2, of Legislative Decree March 7, 2005, n. 82, and subsequent amendments - Code of Digital Administration / CAD);
- Voting abroad: Municipality of residence or registration AIRE and Ministry of the Interior (Law December 27, 2001, No. 459 - Rules for the exercise of the right to vote of Italian citizens residing abroad);
- Ordinary electronic passport and temporary passport: Ministry of the Interior (art.16 of the Law 21 November 1967, n.1185 and Regulation (CE) n.444 of 2009);
- Temporary travel document: Italian Ministry of the Interior if the applicant is an Italian citizen or the competent national authority if the applicant is a citizen of another EU country (EU Decision of 25 June 1996 (96/409 / CFSP) and art. 23 of Legislative Decree 3 February 2011, n.71);
- Paper identity card: Municipality of AIRE and Ministry of the Interior (Article 288 of the Royal Decree / RD 6 May 1940, n.635 and Article 1, letter d) of the Decree of the President of the Council of Ministers / DPCM 22nd October 1999 n.437);
- Tax code and PIN for the Inland Revenue's electronic services: Ministry of Economy and Finance (Decree of the Ministry of Finance May 17, 2001, No. 281 - Regulation containing rules on facilitations relating to the attribution of the tax code and the methods for presenting declarations and paying taxes for taxpayers living abroad);
- Motor Vehicles: Public Car Register / PRA (Legislative Decree 30 April 1992, No. 285 - New Highway Code);
- Subsidies: the data are kept in the documents of the consular office of reference and inserted in the SIBI portal of the MAECI, accessible only to the competent ministerial Offices;
- Granting of loans with promises to return: Questura and Inland Revenue (Collection) competent (Article 17 of Legislative Decree 26 February 1999, n.46 and Article 1 of Decree Law of 22 October 2016, No. 193);
- Repatriation: competent Prefectures, Police Headquarters, Carabinieri, ASL and Municipalities (MAE Circular No. 14 of 20.11.1998 "Consular repatriations", Berlin Convention of 10.2.1937, MAE Circular No. 7 of 4.4.1979 "introduction of bodies") Directive of the Presidency of the Council of Ministers of 23.9.2011);
- International Adoptions: Committee for International Adoptions, Ministry of Justice (Department for Juvenile Justice), Juvenile Courts (Law 4 May 1983, n.184);
- Search for missing persons and assistance to prisoners or detained persons: competent Police Headquarters, Carabinieri stations and Public Prosecutor's Office, Ministry of Justice, Ministry of the Interior-Interpol (Strasbourg Convention of 21 March 1983 on the transfer of convicted persons; 4 of 14.7.2011 "Communications to the Judicial Authority of news relating to cases of committed crime");
- Minor disputes: Ministry of Justice and Ministry of the Interior (Law 15 January 1994, n.64, Regulation (EC) n.2201 / 2003 Brussels II, Interpol Constitution of June 13, 1956);
- Successions: Italian municipality of last residence in Italy or AIRE registration and territorially competent Inland Revenue Agency, for successions opened abroad (Article 46 of Legislative Decree 3 February 2011, No. 71), Chancellery of the competent Court, for the successions opened in Italy (Article 622 of the Civil Code, article 52 of the provisions for the implementation of the Civil Code and transitional provisions);
- Certifications and legalizations: the documents in question are issued to the interested party or to a third party delegated by him;
- Navigation functions: according to the specific administrative procedure, Ministry of Infrastructures and Transport, General Command of the Corps of Port Authorities, Ministry of Economic Development, Ministry of Agriculture and Forestry Policies, Judicial Authority, Maritime Authority, National Institute Assistance for Workers Accidents, Residency Municipalities and Trustee Doctors (RD March 30, 1942, No. 327 - Navigation Code, DPR February 15, 1952, No. 328 - Regulations for the implementation of the Navigation Code, in addition to the current special legislation applicable to specific subjects );
- Functions in school subjects: Ministry of Education, University and Research / MIUR, Regional Scholastic Offices / USR, Schools and Universities, MEF and Territorial State Accounting / RTS (Legislative Decree 13 April 2017, n.64).

7. The data will be stored indefinitely, for reasons of legal certainty and for the issue of certifications, except for fingerprints collected for the electronic passport, which are kept for the time strictly necessary for the release of the document and, in any case, for a maximum period of thirty days.

8. The interested party may request access to his/her personal data and, under the conditions established by current legislation, their correction. Within the limits of the law and without prejudice to the consequences on the provision of the consular service, he/she may also request the limitation of treatment or opposition to treatment. In these cases, the person concerned must contact the Consulate General of Italy in Ho Chi Minh City, informing the MAECI RPD.

9. If the person concerned believe his/her rights have been violated, he/she can file a complaint with the MAECI RPD. Alternatively, he/she can contact the Italian Data Protection Authority (Piazza di Monte Citorio 121, 00186 ROMA, phone 0039 06 696771 (switchboard), mail: garante@gpdp.it, pec: protocollo@pec.gpdp.it) .

 

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Information notice on the protection of individuals with regard to personal data treatment aimed at the obtainment of the Italian citizenship by Iure Sanguinis or by naturalization (articles 5 and 7, plus art. 9, comma 1, letter c, e comma 2 from the law n. 91/1992)
(General regulation on Data Protection(EU) 2016/679, art.13)

The personal data treatment aimed at the obtainment of the Italian citizenship by Iure Sanguinis or by cases of naturalization (by wedding, serviges accomplished abroad or special merits) is to be shaped by principles of lawfulness, decency and transparency as a defence of physical individuals’ fundamental liberties and rights.

To this end, the following informations are given:

1. Co-owner to this data treatment is the Ministry of Foreign Affairs and International Cooperation (MAECI) of the Italian Republic, which, depending on the case, may act together with the selected Italian Comune or with the Ministry of Interior. MAECI acts in this specific case by:

Consolato Generale d’Italia
10th Floor - President Place 93 Nguyen Du Street – District 1
Ho Chi Minh City
Tel. +84.28.3827.5445 / 6 - Fax +84.28.3827.5444
E-mail: hochiminh.consolato@esteri.itPEC: con.hochiminhcity@cert.esteri.it
2. In case of questions or any kind of complaint, the Foreign Ministry’s Responsible for Personal Data Protection (RPD) is available for being contacted (postal address: Ministero degli Affari Esteri e della Cooperazione internazionale, Piazzale della Farnesina 1, 00135 ROMA, phone number: 0039 06 36911 (switchboard), mail: rpd@esteri.it, pec: rpd@cert.esteri.it).

3. The personal data we treat are only concerning those relevant to the obtainment of the Italian Citizenship by Iure Sanguinis, as art.1 from Law 5 February 1992, n.91 defines, or by acquisition of the Citizenship by marriage (articles 5 and 7 of the above mentioned Law), by service accomplished abroad (art.9, comma 1, lettera c) or by special merits (art. 9, comma 2). As for what concerns the citizenship recognition by Iure Sanguinis, also rules contained in 1865’s Civil Code and the articles 1 e 7 from Law 13 June 1912, n. 555, stand as references, in order to ascertain the applicant ancestors’ possession of an Italian Citizenship.

4. The bestowal of the requested data is compulsorily requested by law in order for the application to be considered as valid. This obligation is confirmed by the Circolare n. k.28.1 dated 8th april 1991 of the Ministry of Interior, whereas for what concerns Naturalization cases, the obligation is confirmed by art.1 DPR dated 18th april 1994, n. 362, in the official regulation for Italian Citizenship obtainment (Regolamento recante disciplina dei procedimenti di acquisto della cittadinanza italiana).

5. Data is to be trated by specifically chosen personnel, and is to be brought on with a mix of modalities, both manual and automated. Consequently, the applicant is never to receive a decision which is solely based on an automatised treatment of his/her data.

6. Data will be transmitted to the pertinent Italian Comune, as required by art. 17 from DPR dated 3rd november 2000, n. 396. In case of naturalization, data will be transmitted to the Ministry of Interior as well.

7. Data will be stored for an undetermined period of time, for reasons of juridic certainty and for certificates to be released.

8. The applicant can ask for access to his/her own personal data and, if allowed by law, can ask for them to be revised. Under what law states and if not an interruption to the standard administrative pathway, the applicant can also ask for this treatment to be limited, or even oppose to it as a whole. In such cases, the applicant is required to contact the Italian Consulate General in Ho Chi Minh City and to inform the Foreign Ministry’s RPD.

9. If cases of alleged personal rights violation, the applicant can fill a complaint to the Foreign Ministry’s RPD. Alternatively, he/she can contact the Garante per la Protezione dei Dati personali (Piazza di Monte Citorio 121, 00186 ROMA, tel. 0039 06 696771 (switchboard), mail: garante@gpdp.it, pec: protocollo@pec.gpdp.it).

 

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Information notice on the protection of individuals with regard to personal data treatment for the issuance of an entrance visa in Italy and in the Schengen area.
(General Regulation for the Protection of Information (EU) 2016/679, art.13)

The use of personal information required with the purpose of issuing an entrance visa valid for Italy and the Schengen area will be shaped around the principles of lawfulness, accuracy and transparency for the protection of rights and fundamental freedoms of the natural person.

For this purpose the following information is provided:

The holder of the treatment is the Ministry of Foreign Affairs and International Cooperation of the Italian Republic (MAECI) which acts, in this specific case, through

Consolato Generale d’Italia
10th Floor - President Place 93 Nguyen Du Street – District 1
Ho Chi Minh City
Tel. +84.28.3827.5445 / 6 - Fax +84.28.3827.5444
E-mail: hochiminh.consolato@esteri.itPEC: con.hochiminhcity@cert.esteri.it

and through the private company:
VFS Globalc/o Resco Building94-96 Nguyen Du Street – District 1Ho Chi Minh CityTel. +84.28.3521.2002E-mail: info.itvn@vfshelpline.com
For questions or complaints, the interested party may contact the Head of Personal Data Protection (RPD) of the MAECI (Ministry of Foreign Affairs and International Cooperation, Piazzale della Farnesina 1, 00135 ROMA, telephone: 0039 06 36911 (switchboard) , mail: rpd@esteri.it, pec: rpd@cert.esteri.it).
10. The personal data required are necessary for the evaluation of the entrance visa request valid for Italy and for the Schengen area, for a citizen of an extra-EU country for whom the visa is mandatory.
11. The transmission of the information is mandatory for the evaluation of the visa request and the refusal to provide the documentation will make the request inadmissible.
12. The processing of data will be carried out by specially appointed personel in manual and automated mode. In particular, the data will be included in the Visa Information System (VIS), a database established by the EC Regulation no. 767/2008 of the European Parliament and of the Council of 9 July 2008.
13. In application of the European legislation on the "Schengen" area (in particular, of the EC Regulation No. 810/2009 of July 13, 2009, which establishes a Community Code of Visas), the data will be communicated to the competent Italian security authorities, as well as to the competent authorities of the European Union and of the other member States.
14. In compliance with the rules established by the VIS regulation, the data will be kept for a maximum period of five years.
15. The data subject may request access to their personal data and their correction. Within the limits established by current legislation and without prejudice to any consequences on the outcome of the visa application, he may also request the cancellation of such data, as well as the limitation of treatment or opposition to processing. In these cases, the interested party must submit a specific request to the Consulate General of Italy in Ho Chi Minh City, informing the MAECI RPD for information.
16. If the concerned person believe his/her rights have been violated, he/she can address a complaint to the RPD. Alternatively, he/she can contact the Italian Data Protection Authority (Piazza di Monte Citorio 121, 00186 ROMA, phone 0039 06 696771 (switchboard), mail: garante@gpdp.it, pec: protocollo@pec.gpdp.it) .


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