WRITTEN QUESTION E-2851/98

by Cristiana Muscardini (NI) to the Commission

(28 September 1998)

Subject: Confidentiality of data in personal mobile telecommunications

Article 5(3) of the Italian Government's legislative decree No 171 of 13 May 1998, published in the Official Gazette No 127 of 3 June 1998, concerning the confidentiality of personal data in telecommunications, states that, in all cases, the last figures of the number called are not shown in the documents sent to the subscriber.

However, this decree draws no distinction between fixed telephony and mobile and personal telephony, nor between families, individual citizens, companies or offices.

Replying to Question E-1462/97(1) on 30 June 1997 Commissioner Monti stated that "where there are no good alternatives (...) allowing users private access to public telephone services without having their calls mentioned on bills addressed to other people (...), Member States may require the deletion of digits on telephone bills."

Common Position (EC) 57/96(2) of 12.9.1996 states that the aim of reconciling "the rights of subscribers receiving itemised bills with the right to privacy of calling users and called subscribers" can be achieved by ensuring that sufficient alternative arrangements for communications and payments are available to such users and subscribers or by requiring "the deletion of a certain number of digits from the called numbers mentioned in itemised bills".

Mobile telecommunications are, by definition, regarded as "mobile and personal".

In view of the above:

1. Can the Commission say whether the provisions of the Italian law conflict with the rights of subscribers who receive bills with digits deleted for mobile phone contracts, despite the fact that they are already using a "personal" system of communication, the confidentiality of which is also protected by the presence of the SIM (Subscriber Identification Module)?

2. Can it say whether, in this case of personal telephony, the "right" to confidentiality has not been transformed, by the Italian law, into a "duty" that prejudices the right to receive itemised bills?

3. What is the Commission's view of digits from the numbers called also being deleted for fixed telephony subscriptions in the names of private individuals or families and not of offices or companies, given that there would be no possibility of their "having their calls mentioned on bills addressed to other people"?

Answer given by Mr Bangemann on behalf of the Commission

(29 October 1998)

As explained in the answer to written question E-1462/97 by the Honourable Member(3) on the same topic, Member States have a certain margin of discretion with regard to itemised bills and the possible deletion of digits on such bills for the purpose of protecting the privacy of telecommunication services users.

The Italian authorities have recently notified to the Commission the Italian decree(4) implementing the provisions of Directive 97/66/EC of the Parliament and of the Council of 15 December 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector(5).

The Commission is examining this text and will seek clarifications from the Italian authorities on the questions raised in order to verify the compatibility of the provision to delete digits from itemised bills for telecommunications services with the requirements of both Directive 97/66/EC and of Directive 98/10/EC of the Parliament and of the Council of 12 February 1998 on the application of open network provision (ONP) to voice telephony and on universal service for telecommunications in a competitive environment(6).

(1) OJ C 45, 10.2.1998, p. 37.

(2) OJ C 315, 24.10.1996, p. 30.

(3) OJ C 45, 10.2.1998.

(4) Decreto legislativo sulle disposizioni in materia di tutela della vita privata nel settore delle telecomunicazioni, in attuazione della direttiva 97/66/CE del Parlamento europeo e del Consiglio, ed in tema di attività giornalistica del 13/05/1998 n. 171, Gazzetta Ufficiale - Serie generale - del 03/06/1998 n. 127 pag. 12.

(5) OJ L 24, 30.1.1998.

(6) Directive 98/10/EC - OJ L 101, 1.4.1998.