Garante per la protezione dei dati personali - 9283121

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- 9283121
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Authority: Garante per la protezione dei dati personali (Italy)
Jurisdiction: Italy
Relevant Law: Article 5(1)(a) GDPR
Type: Complaint
Outcome: Upheld
Decided: 6. 02. 2020
Published: n/a
Fine: 20 000 EUR
Parties: TV broadcast services company (R.T.I.)
National Case Number/Name: 9283121
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Italian
Original Source: Garante per la protezione dei dati personali (in IT)
Initial Contributor: {{{Initial_Contributor}}}

The Italian data protection authority (Garante) imposed a fine of €20.000 on a TV broadcast services company (R.T.I.) in relation to a report identifying and providing information concerning the complainant. In the Garante’s view, the company failed to comply with journalism ethics and standards, thus violating the general principles of lawfulness and fairness of data processing under Article 5 (1) (a) GDPR.

English Summary[edit | edit source]

Facts[edit | edit source]

The Garante examined a complaint submitted against R.T.I. regarding the broadcasting of a TV report identifying and providing information relating to the complainant (e.g. hometown, occupation) as well as broadcasting the complainant’s voice, without her consent. Namely, the complainant requested for the removal of the video report, which was also available online.

Dispute[edit | edit source]

Based on the complaint, the Garante examined whether the collect of information from the complainant and the further public disclosure violate journalism ethics and standards, whose compliance is necessary for the respect of the principles of lawfulness and fairness of the processing.

Holding[edit | edit source]

The Garante concluded that by fraudulently collecting and disclosing the complainant’s personal data without consent, R.T.I. infringed the relevant journalism ethics and standards, thus breaching the general principles of lawfulness and fairness of the processing under Article 5 (1) (a) GDPR.

Comment[edit | edit source]

Has Art. 85(1) GDPR been addressed?

Further Resources[edit | edit source]

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English Machine Translation of the Decision[edit | edit source]

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

to be completed