Luca Daffra joined Studio Legale Ichino Brugnatelli e Associati in 2006. He mainly engages in employment law and labour law, handling social security issues and privacy-related matters, advising clients on contentious or non-contentious matters, and representing either individual or company clients at Court.
Luca had previously practiced employment law with MDM Studio and Simmons & Simmons for four years.
Professional Admissions / Qualifications: Barrister since 2006.
Legal Education: Università degli Studi dell’Insubria, in Como (J.D. awarded with First Class Honours in 2001).
Native Italian speaker, fluent in English
With a view to balancing private sector interests and the protection of individual rights, in 2015 the legislature decided that personal data collected through the remote monitoring of employees can be used for disciplinary purposes if employers provide employees with information regarding the scope and purpose of said processing. A recent case established what type of remote monitoring is permitted in the absence of providing the required data protection information.
The Court of Cassation recently rejected a bank's appeal and found that its employee had been entitled to access evaluation documents which had led to disciplinary measures being taken against him. Although the case concerned the regulation of access to personal data under the now rescinded Privacy Code, the decision sets out principles which remain valid under the EU General Data Protection Regulation and further strengthen the rights of data subjects with regard to how their data is processed.
The Criminal Court of Cassation recently confirmed a Milan Court of Appeal judgment which found that an employee who had emailed confidential data to a colleague who was not authorised to access said information had committed the crime of unauthorised access to a computer system under Article 615ter of the Criminal Code. The decision confirms that employers, as data controllers, must take appropriate security measures to ensure the integrity of information systems and data.