Garante per la protezione dei dati personali (Italy) - 9440000
| Garante per la protezione dei dati personali - 9440000 | |
|---|---|
 | |
| Authority: | Garante per la protezione dei dati personali (Italy) |
| Jurisdiction: | Italy |
| Relevant Law: | Article 5(1)(c) GDPR 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 |
to be added
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
to be added
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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.
