It seemed like a temporary flaw. But no. A year has passed since birth and the Digital home, launched with great fanfare on 6 June 2023 with the promise of cleaning up a large amount of paper sent by post by delivering via Certified Electronic Mail all deeds addressed to the private citizen (such as fines, sanctions, appeals and notifications), stumbles upon a tangled interpretation of privacy. For citizens who have activated the "Domain" with their standard certified e-mail (with the Post Office or with one of the authorized providers) after some uncertainty everything begins to work more or less regularly. But for professionals who have a PEC activated with a professional association here is the unwelcome surprise. The Dominion was born lame, and remains so to this day. In spite of the promises traffic fines, and not only those, remain condemned to the old and annoying method of registered paper.
The problem and the reasons for a stop
The Digital Domicile, which allows all citizens in possession of a PEC to validate it as a unique means of receiving anything from the central and peripheral public administration, had already had to discount from birth the consequences of an interpretation by the privacy guarantor. Interpretation that prevented the delivery of the documents, specifically the traffic fines, to a professional PEC address.
The reason for the stop? It was necessary to "protect" the privacy of the interested party - this is the meaning of the decision formalized by the Guarantor on 27 October 2021 - from prying eyes, as it was assumed that that PEC could be also accessible to others employees or collaborators in the work environment.
Justified or not, the guarantor's ban has practically nullified the usefulness of the PEC activated through a professional association (such as that of journalists, for whom the provision of the PEC is an obligation as for all professionals) to comfortably receive on one's PC even many acts, and not just traffic fines, as an alternative to the traditional and very inconvenient one (as well as more expensive because you add the notification costs) delivery by registered mail.
The failed promises and remedies
The flaw took on a much more significant dimension than that imagined by the privacy guarantor himself, who in reality had imposed that the stop should only take place following a verification by the sender of the exact type of the PEC involved, or whether it was to all intents and purposes "private" (as in the case , clear, yes those names of journalists) or was consulted or consultable by other people authorized by the owner for work reasons, avoiding in any case relying on the results of "massive" searches on PEC addresses carried out for example with the tax code.
An necessarily meticulous verification, objectively difficult to complete. And so many administrations have gradually raised their arms, solving the problem, awaiting "further clarifications", with the outright elimination from their address books of all professional PECs, even the private ones activated through an order from professionals who due to the specificities they do not share their work with their collaborators. This is precisely the case with journalists. Whose PEC works or not, for example to receive fines addressed to their private vehicles, depending on the common sense of the sender, who can still count on many justifications regulations to continue using the traditional means of registered mail.
La solution? It had to be simple and practically immediate. But it turns out to still unapplied today. It was simply a matter of entering into the portal INAD, available for a good year to anyone to activate their Digital Domicile by validating their PEC for this purpose, a clear and unequivocal option (for example with a simple flag to click) to formalize the consent to sending of fines and more generally of all actions directed at the owner and not at the reference company. An option that is not present to date. In the recent versions of the INAD portal there is only a formal distinction between "citizen" and "professional" PEC, also present in the PECs activated by the Orders, but which is evidently not capable of resolving the administrations' doubts.
Everything seems to derive from stiffness of the mechanism. The PECs activated with a professional order were in fact automatically "decanted" a year ago into the INAD portal for the Digital Domicile, without the need for any intervention on the part of the holder. And even if associated with the PEC the wording "citizen" now appears, the road sanctions, in the absence of a specific procedure confirmation of validation as a personal PEC, they continue to stumble (this is the case, for example, of the PEC of the author of this tutorial) in the old dilemma of the Privacy Guarantor.
In the meantime, how to plug the leak
Many administrations that own the infamous speed cameras (the subject of a providential regulatory review in recent days to avoid, among other things, abuse and arbitrary sanctions) confirm the existence of the problem. And while waiting for a new formal communication from the Privacy Guarantor to sort things out, the most willing administrations suggest a stopgap solution.
In the meantime, we can send, naturally via PEC, one communication to administrations from which a notification is presumed to come (starting from the municipality of residence or domicile, even temporary) explicitly declaring that you intend to receive any communication through the certified email address we indicate, requesting feedback. To identify the PEC address to which to send this communication we can consult the website of the identified administration, or ask the information office.
An example? Here's how to proceed with the Municipality of Rome, which fortunately has an excellent call center (number 060606). In case of failure to receive traffic fines via certified e-mail despite regular registration on the Digital Domicile, the report can be made through the Citizen's digital home. A similar procedure is foreseen in most of the large urban centers of our peninsula. For smaller towns, a phone call or a willing walk to the municipal offices could help us.
