Garante per la protezione dei dati personali (Italy) - 9440000: Difference between revisions

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== English Summary ==
==English Summary==


=== Facts ===
===Facts===
An employee of the Municipality of Manduria has complained to the Italian DPA that the Extraordinary Commission of the Municipality has communicated her personal data to two local and two regional newspapers by sending a "press note", which mentioned the complainant "with reference to the activation of an out-of-court procedure [...] for the recognition of higher tasks".  In particular, the press note stated that the complainant requested, through her lawyers, from the "Amministrazione Straordinaria the the payment [...] of the sum of approximately [...] euro [...] for carrying out 'managerial functions' on the basis of the decrees signed by the former Mayor […] ".
An employee of the Municipality of Manduria has complained to the Italian DPA that the Extraordinary Commission (Amministrazione Straordinaria) of the Municipality has communicated her personal data to two local and two regional newspapers by sending a "press note", in which the complainant was mentioned "with reference to the activation of an out-of-court procedure [...] for the recognition of higher tasks".  In particular, the press note stated that the complainant requested, through her lawyers, from the "Amministrazione Straordinaria the payment [...] of the sum of approximately [...] euro [...] for carrying out 'managerial functions' on the basis of the decrees signed by the former Mayor […] ".  


=== Dispute ===
In its defense, the Municipality stated that the press release at the basis of the complaint was only published as a response to a newspaper article, signed by a former municipal councilor, contesting the management of personnel by the Amministrazione Straordinaria, which would have led some employees, including the complainant, to ask for transfer to other entities. The Extraordinary Commission of the Municipality, in order to protect its image "and at the same time to implement the principles of transparency", had decided to respond to these claims by issuing the "press note" at the basis of the complaint. The Municipality claimed that the note "was sent [...] exercising a legitimate right of criticism, in order to protect the image of the Municipality of Manduria and the activity carried out by the Extraordinary Commission [...] and 'better outline what was happening in the Municipality".
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===Dispute===
Was the processing of the complainant's personal data by the Municipality, in the form of the communication to the newspapers, lawful in accordance with Articles 6(1)(c), (e), 6(2), and 6(3)(b)?


=== Holding ===
===Holding===
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== Comment ==
==Comment==
''Share your comments here!''
''Share your comments here!''


== Further Resources ==
==Further Resources==
''Share blogs or news articles here!''
''Share blogs or news articles here!''


== English Machine Translation of the Decision ==
==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.
The decision below is a machine translation of the Italian original. Please refer to the Italian original for more details.



Revision as of 14:22, 20 August 2020

Garante per la protezione dei dati personali - 9440000
LogoIT.png
Authority: Garante per la protezione dei dati personali (Italy)
Jurisdiction: Italy
Relevant Law: Article 6(1)(c) GDPR
Article 6(1)(e) GDPR
Article 6(2) GDPR
Article 6(3) GDPR
Article 6(3) GDPR
Type: Complaint
Outcome: Upheld
Started:
Decided:
Published:
Fine: None
Parties: n/a
National Case Number/Name: 9440000
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Italian
Original Source: Garante (in IT)
Initial Contributor: n/a

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English Summary

Facts

An employee of the Municipality of Manduria has complained to the Italian DPA that the Extraordinary Commission (Amministrazione Straordinaria) of the Municipality has communicated her personal data to two local and two regional newspapers by sending a "press note", in which the complainant was mentioned "with reference to the activation of an out-of-court procedure [...] for the recognition of higher tasks". In particular, the press note stated that the complainant requested, through her lawyers, from the "Amministrazione Straordinaria the payment [...] of the sum of approximately [...] euro [...] for carrying out 'managerial functions' on the basis of the decrees signed by the former Mayor […] ".

In its defense, the Municipality stated that the press release at the basis of the complaint was only published as a response to a newspaper article, signed by a former municipal councilor, contesting the management of personnel by the Amministrazione Straordinaria, which would have led some employees, including the complainant, to ask for transfer to other entities. The Extraordinary Commission of the Municipality, in order to protect its image "and at the same time to implement the principles of transparency", had decided to respond to these claims by issuing the "press note" at the basis of the complaint. The Municipality claimed that the note "was sent [...] exercising a legitimate right of criticism, in order to protect the image of the Municipality of Manduria and the activity carried out by the Extraordinary Commission [...] and 'better outline what was happening in the Municipality".

Dispute

Was the processing of the complainant's personal data by the Municipality, in the form of the communication to the newspapers, lawful in accordance with Articles 6(1)(c), (e), 6(2), and 6(3)(b)?

Holding

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Comment

Share your comments here!

Further Resources

Share blogs or news articles here!

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.