Italy, Ichino Brugnatelli e Associati Studio Legale updates

Tech, Data, Telecoms & Media

Contributed by Ichino Brugnatelli e Associati Studio Legale
Supreme Court finds that formatting an electronic device after copying data constitutes embezzlement
  • Italy
  • 22 May 2020

A recent Supreme Court decision found that an employee who copies computer data stored on a company laptop entrusted to them for work purposes and subsequently returns the computer with said data deleted and the hard drive formatted is guilty of embezzlement pursuant to Article 646 of the Criminal Code.

Data protection authority imposes fine for involuntary disclosure of whistleblower data
  • Italy
  • 06 March 2020

Employers must ensure that the technical-organisational measures and software that they use are adequate to protect whistleblowers' confidentiality. The data protection authority recently reiterated this point when it fined a major university in Rome for failing to prevent the data of two people who had notified the university of possible data violations from being accessible online.

Authorisations for processing employee data revised
  • Italy
  • 04 October 2019

Following the General Data Protection Regulation's (GDPR's) entry into force, the legislature asked the Data Protection Authority to review and update the so-called 'general authorisations' that it issued to allow the processing of sensitive data in the absence of the data subject's consent. Drawing on Article 9 of the GDPR, the Data Protection Authority subsequently issued Provision 146/2019, which sets out the requirements for processing special categories of data in employment relationships.

Employee privacy expectations – the return of defensive monitoring
  • Italy
  • 26 July 2019

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.

Right to access data also applies to evaluation documents
  • Italy
  • 05 April 2019

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.

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