Data Protection

The Italian Data Protection Authority finds national postal service in breach of privacy laws

On 16 November 2017, the Italian Data Protection Authority (“Garante”) enjoined Poste Italiane S.p.A., the Italian national postal service, from using a system aimed to organise queues at the counter on the grounds that it was incompatible with data protection laws.

“Gestore Attese” (“Queue Manager”), as the system was called, […]

By |05 02 2018|Uncategorized|0 Comments|

The new Italian bill on corporate whistleblowing and its privacy implications

A bill for the “Protection of individuals reporting crimes or irregularities learnt in the context of a public or private employment relationship”, already rechristened the “whistleblowing law”, was passed by the Italian Parliament on 25 November 2017, and is about to enter into force.

Corporate whistleblowing has been a subject […]

By |12 12 2017|Uncategorized|0 Comments|

Privacy: the Milan Court on the unlawfulness of two-step marketing campaigns without consent

(in collaboration with Gaia Gusmini)
By decision no. 5022 published on 5 May 2017, the Milan Court entirely rejected a leading Italian telephone provider’s opposition to an Italian DPA decision, which had considered unlawful and thus had enjoined, a marketing campaign consisting of contacting around five million former customers by […]

By |13 11 2017|Uncategorized|0 Comments|

The Italian Data Protection Authority on the geo-localisation of employees

By order no. 226 of 18 May 2016, the Italian Data Protection Authority (DPA) issued a decision on the processing of personal data carried out through the localisation of company smartphones given to employees.

The ruling was issued in the framework of a preliminary assessment requested to the DPA pursuant […]

By |28 09 2016|Uncategorized|0 Comments|

Image Rights, Data Protection and Consent: a Milan Civil Court Ruling

The Civil Court of Milan recently issued an interesting ruling in a dispute involving personality rights (ruling no. 8423/2015, published on 08 July 2015).

A reporter from a famous RAI comedy TV show, broadcasting live from the streets of Milan, managed to briefly get into a three-wheeler owned by AMSA, […]

By |03 09 2015|Uncategorized|0 Comments|

Privacy violation by the press and compensation for non-pecuniary losses (District Court of Rome, ruling no. 9735/2015, M.M. v. Finegil Editoriale et al)

In a recent ruling, the District Court of Rome addressed an increasingly popular topic: the balance between freedom of the press and the right to privacy (we addressed the topic, for example, here).

M.M., a senior citizen, had been the victim of a street crime in her own town. The […]

By |11 05 2015|Uncategorized|0 Comments|

Gianni Rivera against Gazzetta dello Sport in image rights dispute

The Milan Business Court “A” recently ruled in a case of image rights infringement initiated by the famous soccer player Gianni Rivera against RCS Mediagroup S.p.A. Rivera challenged the undue exploitation of his image made between 2003 and 2012 by RCS through the marketing, along with the newspaper “La […]

By |13 02 2015|Uncategorized|0 Comments|

Right to be forgotten: the first repercussions of Google Spain in the Italian legal system

Quite predictably, the first waves of the Google Spain tsunami did not take long to come ashore in our country. Between November and December 2014, the Italian Data Protection Authority issued nine decisions based on applications of as many citizens following the refusal by Google to de-index certain web […]

By |08 01 2015|Uncategorized|0 Comments|

The disciplinary use of a public employee’s sex life data: the Italian Supreme Court’s ruling no. 21107/2014

In 2011 a local administration, following an anonymous tip-off, searched the Web and found that one of its employees was offering sexual services on specialised public websites. Disciplinary proceedings were subsequently commenced that ended in the employee’s dismissal, on the grounds that his behaviour had been detrimental to the […]

By |18 11 2014|Uncategorized|0 Comments|

Newsletters and advertising emails: two different activities, according to the Italian Data Protection Authority

(by Francesca Maculan)

With decision no. 427 of 25 September, the Italian Data Protection Authority specified some important principles on the processing of personal data, clarifying some useful aspects for companies that deal with direct marketing activities.

The decision is directed at a company that sent advertising emails to users who […]

By |23 10 2014|Uncategorized|0 Comments|

The Internet of Things, Personal Data and the Article 29 Working Party: no Extraordinary Revelations, but a Useful Summary

The adoption of an Opinion on the Internet of Things and personal data protection in the EU by the Article 29 Working Party (WP) last September had a certain resonance. Yet the document brings no sensational revelations (nor it is remarkable for its timeliness); however, it does provide a […]

By |16 10 2014|Uncategorized|0 Comments|

The unlawful processing of personal data and the compensability of the resulting damage: the decision of the Court of Cassation

(Written by Silvia Laitila)
In a recent decision the Italian Court of Cassation declared that the breach of an individual’s right to privacy is a tort that gives rise to liability under article 2043 of the Italian Civil Code. However, the Court stated that such a violation does not […]

By |04 09 2014|Uncategorized|0 Comments|