Category:Tribunal of Rome - 10789/2019

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Tribunal of Rome - 10789/2019
Tribunale di Roma-Italy.gif
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: n/a



Garante per la protezione dei dati personali (Italy)

National Case Number: 10789/2019
European Case Law Identifier: n/a
Appeal from: n/a


Original Source: Dataguidance

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[edit | edit source]

Facts[edit | edit source]

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[edit | edit source]

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[edit | edit source]

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[edit | edit source]

The decision below is a machine translation of the original. Please refer to the Italian original for more details.

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