ELECTRONIC IDENTITY CARD

Let us examine how the CIE works, what to do to avoid being issued one, and how to limit its harm.
According to Article 35 of DPR 445/2000 the identity card is not an essential document. It can be replaced by other documents such as a passport or a driving licence. One may hold only a passport and not an identity card.
How to avoid the issuance of the CIE
Municipalities are obliged to issue the old paper document in the following cases:
– health grounds preventing the individual from attending municipal offices in person;
– imminent travel abroad;
– upcoming medical examination for disability assessment;
– imminent participation in public recruitment competitions;
– elections or referendums.
Anyone finding themselves in such a situation may request the issuance of the paper document on the spot.

What data must the CIE mandatorily contain?
Pursuant to Article 66, paragraphs 3 and 4, of Legislative Decree 82/2005 (Digital Administration Code), there are mandatory data and optional data that the applicant may choose not to include in the CIE.
Mandatory data:
– the person's identifying details, namely first name, surname, place and date of birth
– tax code (codice fiscale)
Optional data, at the request of the data subject:
– blood group,
– organ donation preference,
– primary biometric data (facial image) and secondary biometric data (fingerprints), excluding DNA in any event,
– telephone numbers,
– email addresses.
It is possible that the officer in charge of issuing the CIE may tell you that, pursuant to the Ministerial Decree of 8 September 2022 or Article 3 of the TULPS (Royal Decree 773/1931), the provision of biometric data is mandatory. This is false. The statutory provision governing the CIE (Article 66, paragraphs 3 and 4, of Legislative Decree 82/2005) only provides for the mandatory data specified above; therefore, it is lawful to REFUSE CONSENT to the provision of the other data.
In other instances, municipal officials have pointed out that, according to EU Regulation 2019/1157, the provision of fingerprints would be mandatory. That is not the case. Regulation 2019/1157 relates to CIEs for free movement within the EU. Therefore, in the event of refusal to provide fingerprints, the Municipality will issue an identity card that is not valid for foreign travel. Furthermore, Regulation 2019/1157 provides that biometric data must only be stored on the card handed over to the citizen and must be erased by the administration within 90 days of the issuance of the CIE.
The Municipality cannot retain the primary biometric data (facial image) and secondary biometric data (fingerprints), which remain solely on the card handed to the citizen.
Activation of the CIE
To become a digital identity document, the CIE must be activated using a mobile phone application or via the dedicated website managed by the Ministry of the Interior. If we do not voluntarily activate the CIE, it will be valid as an identity and travel document without becoming an electronic document, and there will therefore be no difference from the old paper format.

For further details, please refer to the dedicated post on the subject:
https://t.me/difendersiora/778

Alessandro Fusillo

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