INAD: PRIVATE INDIVIDUALS ARE NOT OBLIGED TO HAVE A CERTIFIED EMAIL ADDRESS (PEC)

The reports currently circulating claiming that all private individuals are obliged to have a PEC (certified email address) and register it on the INAD are FALSE. Under Article 6-quater of Legislative Decree 82/2005, since 6 July 2023 there is the possibility to activate a PEC (posta elettronica certificata) and register it with the INAD (national index of digital domiciles). From that moment on, anyone who has done so will receive formal notifications by PEC and will be able to send communications via PEC. This is an optional requirement. Nobody is obliged to have a PEC and register, and there will be no negative consequences for those who do not.

Why is it not worth registering?
To send an official communication we can continue to use registered post. A PEC is superfluous. Citizens registering with the INAD, on the other hand, is only useful for public administrative bodies: for all documents that must currently be sent by registered post or served by bailiffs, they will be able to use the PEC system, which is very convenient for them. A PEC forces you to monitor your inbox constantly. In fact, service is valid and deemed received once the PEC has been delivered to the recipient's inbox, even if they have not seen it or opened it.
There is therefore a real risk of receiving communications that carry the legal effect of formal service without even realising it.

With a PEC we will receive tax assessment notices, fines, tax payment demands and other documents with great speed and efficiency, through which public authorities make our lives impossible. One need only consider the case of fines for unvaccinated over-fifties: the notification process has been ongoing for over a year and has still not been completed for everyone. Registering your PEC with the INAD merely gives a massive advantage to the public administration whose purpose is to oppress us and extract as much money from us as possible.

The only categories obliged to have a PEC are: - public administrations, - professionals, - companies, - VAT-registered entities (including sole proprietorships and tradespeople).

For everyone else, a PEC is not mandatory.

It is possible to request your removal from the INAD. To do so, you need SPID or a CIE; with these you can log into the system from the INAD website and request deregistration, which is carried out within 30 days. This also applies to those who are required to have a PEC: they will remain on other registers, such as Reg.Ind.E., but will not be present on the INAD lists. It is a small thing, but it can be useful, as we always say, for throwing a bit of sand in the gears.

As Proudhon wrote, to be governed is to be inspected, legislated, regulated, penned in, indoctrinated, controlled, censured, commanded, by beings who have neither the title, nor the knowledge, nor the virtue. It means being taxed, extorted, exploited, monopolised, shaken down, squeezed, robbed, and, at the slightest resistance, repressed, reviled, harassed, hunted down, penalised, slaughtered, disarmed, handcuffed, imprisoned, shot, judged, condemned, deported, sacrificed, betrayed, and to cap it all, mocked, ridiculed, insulted, all under the pretext of public utility and in the name of the general interest.

Let us try not to make life even easier for those who wish to govern us. Those who can should avoid obtaining a PEC or, in any event, cancel the one they have registered. The government does not need any favours done for it.
Alessandro Fusillo, Avv.

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