Category:Tribunal of Rome - 10789/2019: Difference between revisions
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Revision as of 14:07, 17 February 2020
| Tribunal of Rome - 10789/2019 | |
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| Court: | Tribunal of Rome (Italy) |
| Jurisdiction: | Italy |
| Relevant Law: |
Article 13 ePrivacy (Directive 2002/58/EC) Article 130 (1) Italian Civil Code |
| Decided: | 1. 8. 2019 |
| Published: | 1. 8. 2019 |
| Parties: |
WIND TELECOMUNICAZIONI S.P.A. and |
| National Case Number: | 10789/2019 |
| European Case Law Identifier: | n/a |
| Appeal from: | n/a |
| Language: | Italian |
| Original Source: | To be filled in. |
1st August 2019, the Tribunal of Rome annulled the decision of the Italian data protection authority (the “Garante”) according to which a telecommunications company (“WIND”) unlawfully processed its customers’ personal data to send text messages asking to update their preferences on the use of their data for commercial purposes. The Tribunal concluded that such data process was legal, namely with regard to Article 130 (1) of the Italian Privacy Code and Article 13 Directive 2002/58/CE.
English Summary
Facts
The Tribunal of Rome examined a complaint submitted by WIND against a decision of the Garante dated October, 27th 2016. Following some users’ plaints concerning text messages they received from WIND without consent, in its decision the Garante considered the sending of such messages asking customers to update their preferences on the treatment of their personal data unlawful, since no previous consent for commercial purposes was obtained.
Dispute
The Tribunal had to assess whether the use of automated systems, such as the sending of text messages, for updating users' preferences concerning their personal data must be grounded on data subjects’ consent.
Holding
The Tribunal annulled the decision of the Garante. The judges considered that the sending of a text message to ask a user to consent to the receipt of promotional communications is not in itself processing personal data for marketing and commercial purposes. Hence, according to the Tribunal such messages complied with the provisions of the Italian Privacy Code (article 130 (1)) and the Directive 2002/58/CE (article 13) according to which prior consent is required for sending promotional materials in future and different communications.
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English Machine Translation of the Decision
The decision below is a machine translation of the original. Please refer to the Italian original for more details.
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