Garante per la protezione dei dati personali (Italy) - 9775948
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| Garante per la protezione dei dati personali - 9775948 | |
|---|---|
 | |
| Authority: | Garante per la protezione dei dati personali (Italy) |
| Jurisdiction: | Italy |
| Relevant Law: | Art. 144-bis d.lgs. 30 giugno 2003, n. 196 |
| Type: | Complaint |
| Outcome: | Upheld |
| Started: | |
| Decided: | 26.05.2022 |
| Published: | |
| Fine: | n/a |
| Parties: | an unnamed data subject Facebook Italy Meta Platforms Ireland Limited |
| National Case Number/Name: | 9775948 |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Italian |
| Original Source: | Garante per la Protezione dei Dati Personali (in IT) |
| Initial Contributor: | Carloc |
The Italian DPA ordered Facebook Italy and Meta Platforms Ireland Limited to remove revenge porn material relating to a data subject from its platforms.
English Summary
Facts
The Italian DPA was notified by the data subject that revenge porn related to them was being spread on Instagram and Facebook. The data subject asked the DPA to intervene pursuant to Article 144-bis of the Italian Privacy Code.[1]
Holding
The DPA ordered Facebook Italy and Meta Platforms Ireland Limited to adopt measures to prevent the spread of the revenge porn related to the data subject on its platforms.
The DPA also ordered Facebook Italy and Meta Platforms Ireland to store any material related to this for 12 moths, so it can be used as evidence. Furthermore, measures must be taken to prevent the direct identification of the data subject.
Comment
This is one of five decisions in which the Italian DPA first used the new urgency procedure for handling revenge porn based on Article 33-bis of its internal procedural regulation[2]. The DPA introduced the Article in January 2022. Article 144-bis of the Italian Privacy Code[1] was introduced in October 2021 by legislative decree and forms the basis for the new procedure.
The urgency procedure allows victims of revenge porn to submit a complaint to the DPA and upload the pornographic material in encrypted form from the DPA’s own website. The DPA will then verify the complaint and take urgent measures within 48 hours. Specifically, the DPA will order social media or content sharing platforms to stop broadcasting the pornographic material. Platforms are also required to store the pornographic material for up to 12 months for evidentiary use, and to take measures to prevent the identification of the data subject while the material is stored.
The DPA did not disclose the date of the complaint. For this reason, it is not known whether the DPA acted on the complaint within the 48 hour deadline.
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English Machine Translation of the Decision
The decision below is a machine translation of the Italian original. Please refer to the Italian original for more details.
[doc. web n. 9775948]
Provision of May 26, 2022
Record of measures
n. 207 of 26 May 2022
THE GUARANTOR FOR THE PROTECTION OF PERSONAL DATA
IN today's meeting, which was attended by prof. Pasquale Stanzione, president, professor Ginevra Cerrina Feroni, vice president, dr. Agostino Ghiglia and the lawyer Guido Scorza, members, and dr. Claudio Filippi, Deputy Secretary General;
GIVEN the Regulation (EU) n. 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter, the "Regulation");
CONSIDERING also the Code regarding the protection of personal data (Legislative Decree 30 June 2003, n. 196, hereinafter the "Code" as amended by Legislative Decree 10 August 2018, n. 101);
GIVEN art. 144-bis of the Code, introduced with the d.l. 8 October 2021, n. 139, converted with the law 3 December 2021, n. 205, which attributes to the Guarantor the competence to receive reports from "anyone, including minors over fourteen, has reasonable grounds to believe that audio recordings, images or videos or other computer documents with sexually explicit content concerning him, intended to remain private individuals, may be sent, delivered, sold, published or disseminated through digital platforms without your consent "(so-called" revenge porn ");
GIVEN the same art. 144-bis of the Code, which provides that the Guarantor, within forty-eight hours of receiving the report, decides pursuant to articles 143 and 144 of the Code;
GIVEN art. 33-bis of the regulation of the Guarantor of 4 April 2019, n. 1 ("Internal procedures with external relevance, aimed at carrying out the tasks and exercising the powers delegated to the Guarantor for the protection of personal data"), as introduced by the resolution of the Guarantor no. 33 of January 27, 2022, which assigns to the Manager of the competent Department the task of urgently adopting a provision aimed at preventing the possible dissemination of the material subject to reporting, unless subsequently ratified by the Guarantor;
GIVEN the report registered at the Guarantor's Office with no. XX with which the interested party represented to pay in one of the hypotheses provided for by the aforementioned art. 144-bis of the Code and asked the Authority to intervene on the Instagram and Facebook platforms indicated by it;
GIVEN the determination of 23 May 2022 by which, after verifying the compatibility of what was reported with the aforementioned provision, the manager of the Freedom of Thought and Cyberbullying Department urgently proceeded to:
order Facebook Italy and Meta Platforms Ireland Limited to immediately adopt measures aimed at preventing the dissemination on Facebook platforms of the material covered by the aforementioned report, transmitted by the Office in the manner indicated by Facebook Italy for this first phase of implementation of the regulatory provision ;
prescribe to the same company the conservation of any material subject to the report that should be acquired in clear text from the relative platforms, for evidential purposes only, for twelve months from the receipt of the provision using suitable measures to prevent the direct identification of the interested parties to be communicated promptly to the Authority;
HAVING REGARD to the note of 23 May 2022 with which the aforementioned executive decision was sent to the platform manager;
HAVING REGARD to the observations made pursuant to art. 15 of the regulation of the Guarantor n. 1/2000;
HAVING REGARD to the documentation on file;
RAPPORTEUR prof. Pasquale Stanzione;
WHEREAS, THE GUARANTOR
pursuant to art. 33-bis, paragraph 2, of regulation no. 1/2019, ratifies the provision adopted urgently by the manager of the Freedom of Thought and Cyberbullying Department on May 23, 2022 against Facebook Italy and Meta Platforms Ireland Limited.
Rome, May 26, 2022
PRESIDENT
Stanzione
THE RAPPORTEUR
Stanzione
THE DEPUTY SECRETARY GENERAL
Philippi
[doc. web n. 9775948]
Provision of May 26, 2022
Record of measures
n. 207 of 26 May 2022
THE GUARANTOR FOR THE PROTECTION OF PERSONAL DATA
IN today's meeting, which was attended by prof. Pasquale Stanzione, president, professor Ginevra Cerrina Feroni, vice president, dr. Agostino Ghiglia and the lawyer Guido Scorza, members, and dr. Claudio Filippi, Deputy Secretary General;
GIVEN the Regulation (EU) n. 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter, the "Regulation");
CONSIDERING also the Code regarding the protection of personal data (Legislative Decree 30 June 2003, n. 196, hereinafter the "Code" as amended by Legislative Decree 10 August 2018, n. 101);
GIVEN art. 144-bis of the Code, introduced with the d.l. 8 October 2021, n. 139, converted with the law 3 December 2021, n. 205, which attributes to the Guarantor the competence to receive reports from "anyone, including minors over fourteen, has reasonable grounds to believe that audio recordings, images or videos or other computer documents with sexually explicit content concerning him, intended to remain private individuals, may be sent, delivered, sold, published or disseminated through digital platforms without your consent "(so-called" revenge porn ");
GIVEN the same art. 144-bis of the Code, which provides that the Guarantor, within forty-eight hours of receiving the report, decides pursuant to articles 143 and 144 of the Code;
GIVEN art. 33-bis of the regulation of the Guarantor of 4 April 2019, n. 1 ("Internal procedures with external relevance, aimed at carrying out the tasks and exercising the powers delegated to the Guarantor for the protection of personal data"), as introduced by the resolution of the Guarantor no. 33 of January 27, 2022, which assigns to the Manager of the competent Department the task of urgently adopting a provision aimed at preventing the possible dissemination of the material subject to reporting, unless subsequently ratified by the Guarantor;
GIVEN the report registered at the Guarantor's Office with no. XX with which the interested party represented to pay in one of the hypotheses provided for by the aforementioned art. 144-bis of the Code and asked the Authority to intervene on the Instagram and Facebook platforms indicated by it;
GIVEN the determination of 23 May 2022 by which, after verifying the compatibility of what was reported with the aforementioned provision, the manager of the Freedom of Thought and Cyberbullying Department urgently proceeded to:
order Facebook Italy and Meta Platforms Ireland Limited to immediately adopt measures aimed at preventing the dissemination on Facebook platforms of the material covered by the aforementioned report, transmitted by the Office in the manner indicated by Facebook Italy for this first phase of implementation of the regulatory provision ;
prescribe to the same company the conservation of any material subject to the report that should be acquired in clear text from the relative platforms, for evidential purposes only, for twelve months from the receipt of the provision using suitable measures to prevent the direct identification of the interested parties to be communicated promptly to the Authority;
HAVING REGARD to the note of 23 May 2022 with which the aforementioned executive decision was sent to the platform manager;
HAVING REGARD to the observations made pursuant to art. 15 of the regulation of the Guarantor n. 1/2000;
HAVING REGARD to the documentation on file;
RAPPORTEUR prof. Pasquale Stanzione;
WHEREAS, THE GUARANTOR
pursuant to art. 33-bis, paragraph 2, of regulation no. 1/2019, ratifies the provision adopted urgently by the manager of the Freedom of Thought and Cyberbullying Department on May 23, 2022 against Facebook Italy and Meta Platforms Ireland Limited.
Rome, May 26, 2022
PRESIDENT
Stanzione
THE RAPPORTEUR
Stanzione
THE DEPUTY SECRETARY GENERAL
Philippi
- ↑ 1.0 1.1 Codice in materia di protezione dei dati personali - d. lgs. 30 giugno 2003, n. 196,, Art. 144-bis, available here
- ↑ Deliberazione del 4 aprile 2019 - Regolamento n. 1/2019 concernente le procedure interne aventi rilevanza esterna, finalizzate allo svolgimento dei compiti e all’esercizio dei poteri demandati al Garante per la protezione dei dati personali, Art. 33-bis , available here
