PRIVACY NOTICE – TOURISM OFFICE – PARKING SECTOR

Privacy notice provided pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR) and Articles 13 and 14 of Law no. 171 of 21 December 2018, as amended.

This notice describes the manner in which the Tourism Office – Parking Sector processes your personal data.

a) Data Controller

The Data Controller of the personal data of the Public Administration is the State Congress, acting through the Director of the Public Function, in their capacity as the entity entrusted with exercising the functions of Data Controller pursuant to State Congress Resolution no. 5 of 11 March 2019, as amended by State Congress Resolution no. 28 of 22 May 2023.

Address: Via della Capannaccia, 13 – 47890 San Marino – Republic of San Marino
Tel.: (+378) 0549 882837
Fax: (+378) 0549 882835
Email: info.direzionegeneralefunzionepubblica@pa.sm

b) Data Protection Officer (DPO)

The Data Protection Officer is appointed pursuant to Article 38 of Law no. 171/2018 and, within the Public Administration, is identified as the “Procurement, Contracts and Personal Data Protection Office” (as provided for by State Congress Resolution no. 13 of 2 May 2022).

Data subjects may contact the Data Protection Officer for all matters relating to the processing of their personal data and the exercise of their rights under the aforementioned law.

Contact details:

Address Via della Capannaccia, 13 – 47890 San Marino
Tel.: (+378) 0549 883496
Email: ufficio.rpd@pa.sm

c) Purposes of Processing

Your personal data will be processed for all purposes related to handling the requests you submit, in particular for the following purposes:

1. management of an administrative procedure aimed at adopting an administrative measure;
2. compliance with legal and contractual obligations;
3. issuance of parking subscriptions relating to one or more car parks managed by the Tourism Office on behalf of the State, and monitoring their proper use;
4. issuance of notices for non-payment due to parking without a valid parking permit or in violation of the Parking Terms and Conditions;
5. management of parking for guests of accommodation facilities in San Marino;
6. issuance of free parking cards to owners of minicars;
7. access to administrative documents or civic access;
8. fulfilment of legal obligations required by tendering or selection procedures;
9. management of incoming and outgoing electronic and paper correspondence: the optional, explicit and voluntary sending of emails or postal mail to the addresses of the Tourism Office – Parking Sector entails the subsequent acquisition of the sender’s address, necessary to reply to requests, as well as any other personal data included by the sender in the correspondence;
10. management of complaints.

With regard to video surveillance systems, your personal data will be processed for purposes of public interest, in particular:

1. protection of property owned by the State located within parking facilities;
2. public order and public safety;
3. monitoring traffic and parking occupancy levels;
4. creation of statistics through the collection of aggregated data.

The Tourism Office – Parking Sector does not collect any information that is not necessary for carrying out the above-mentioned purposes and for the performance of tasks of public interest or connected with the exercise of public authority within the administrative processes and procedures it manages.

In accordance with the applicable legislation, the processing of your data will be carried out in compliance with the principles of lawfulness, fairness, transparency, and protection of your privacy and rights.

d) Legal Basis for Data Processing

The processing is lawful pursuant to Article 5, paragraph 1, letter e) of Law no. 171/2018, which provides that “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”.

Therefore, the processing of the data you provide does not require your consent, as it is lawfully carried out for the performance of a task of public interest or connected with the exercise of public authority. Furthermore, the processing is lawful pursuant to Delegated Decree no. 58 of 6 May 2016.

e) Categories of Personal Data Processed

The personal data processed for the performance of tasks of public interest or connected with the exercise of public authority include:

a) personal identification data;
b) contact details;
c) vehicle registration plate number;
d) bank details;
e) any additional data voluntarily provided by the user.

Providing the above data is voluntary but necessary to process your requests. Failure to provide the data, or providing incomplete or inaccurate data, will result in the impossibility of processing your request.

f) Categories of Recipients of Personal Data

The Tourism Office – Parking Sector may transfer your data to other Public Offices and acquire your data from other Public Offices.

Pursuant to Article 29, paragraph 3, of Law no. 171 of 21 December 2018, the data will be processed by Sinpar S.p.A. and Park It Srl (foreign entity), companies designated by the Data Controller through a specific deed.

The processed data may also be communicated to public bodies and other entities (including foreign entities), in accordance with applicable legislation.

Without prejudice to disclosures made in compliance with legal and contractual obligations, all data collected by the Public Administration may be processed, without your consent and exclusively for the performance of tasks of public interest or connected with the exercise of public authority:

* by offices and services of the entire Extended Public Sector;
* by third parties authorised by the Public Administration and entrusted with or involved in the performance of public services;
* in the case of data relating to job seekers useful for matching labour supply and demand, by the general public of internet users, upon express request by the interested workers pursuant to Article 95 of Law no. 171/2018.

Your data may also be transferred, without prior authorisation and without the need for your consent:

* to and from all Member States of the European Union, as well as to and from foreign countries that benefit from an adequacy decision issued by the European Commission pursuant to Regulation (EU) 2016/679;
* to and from foreign countries with which the Republic of San Marino has entered into bilateral agreements or treaties providing for the exchange of personal data and regulating safeguards for their processing;
* where the transfer is necessary for important reasons of public interest;
* where the transfer is necessary for the establishment, exercise or defence of legal claims;
* where the transfer is made from a register intended to provide information to the public and open to consultation by the general public or by anyone able to demonstrate a legitimate interest, provided that the conditions for consultation laid down by specific legislation are met. In such cases, the transfer may not concern all personal data or entire categories of personal data contained in the register; furthermore, if the register is intended to be consulted by persons with a legitimate interest, the transfer is permitted only at the request of such persons or where they are the recipients of the data.

g) Methods of Processing

Personal data are processed using electronic and paper-based tools. Specific security measures are adopted to prevent data loss, unlawful or incorrect use, and unauthorised access.

Where the data subject is under 16 years of age, processing is lawful only with the consent of the holder of parental responsibility.

h) Data Retention Period

Your data are stored for a period no longer than is necessary to achieve the purposes outlined above. Once information is no longer useful for the performance of a specific function or for current affairs, it may still be retained in accordance with State archival rules.

With regard to data collected through video surveillance systems, the recording period has been omitted for security reasons; however, in order to comply with applicable regulations, the default retention period set by the system is available to the competent supervisory authorities in a separate document. In any case, longer retention periods may be required to comply with specific requests from judicial authorities or the Judicial Police in connection with ongoing investigative activities.

j) Rights of the interested party

The rights of the data subject in relation to the processing of personal data are provided for in Articles 15 to 22 of Law no. 171/2018, including:

* the right to obtain confirmation as to whether or not personal data concerning them are being processed and, where that is the case, to obtain access to the personal data and the information provided for by law;
* the right to obtain the rectification of inaccurate personal data without undue delay;
* the right to obtain the completion of incomplete personal data;
* the right to obtain restriction of processing in the cases provided for by law, provided that such processing is not necessary for the pursuit of a significant public interest.

For full details of the data subject’s rights, please consult Articles 15 to 22 of Law no. 171/2018.

k) Complaints and Reports

In the event of complaints, reports or requests for information regarding the exercise of your rights, you may contact the Authority for the Protection of Personal Data:

Address: Contrada Omerelli, 43 – 47890 San Marino – Republic of San Marino
Tel.: (+378) 0549 883154
Email: ufficio.segreteria@agpdp.sm