Garante per la protezione dei dati personali (Italy) - 9446659

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Garante per la protezione dei dati personali - 9446659
LogoIT.png
Authority: Garante per la protezione dei dati personali (Italy)
Jurisdiction: Italy
Relevant Law: Article 5(1)(a) GDPR
Article 5(1)(c) GDPR
Article 6(1)(c) GDPR
Article 6(1)(e) GDPR
Article 6(2) GDPR
Article 6(3) GDPR
Type: Complaint
Outcome: Upheld
Started:
Decided: 09.07.2020
Published:
Fine: 2000 EUR
Parties: n/a
National Case Number/Name: 9446659
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Italian
Original Source: Garante's website (in IT)
Initial Contributor: Antonella Luisi

The Italian DPA (Garante) fined a city council 2.000 euros for publishing citizens' personal data on its website without a valid legal basis and failing to comply with the principle of data minimization.

English Summary

Facts

A data subject filed a complaint with the Garante regarding the publication on the city council's website of personal data concerning him and his wife.

Dispute

The Garante considered whether the publication of the compliants' personal data was justified and grounded on a valid legal basis while complying with the transparency obligations public administration are subject to.

Holding

The Garante considered that the data processing at sake should have been grounded on compliance with a legal obligation to which the controller is subject, under Article 6 (1) (c) GDPR. In this case, the compliants' personal data remained published for several years thus exceeding the 15 days period required under Italian law for transparency purposes. The controller failing to demonstrate on which legal basis it grounded the data processing for the exceeding period of time, the Authority judged the processing unlawful on the basis of Article 6 (1) (c) (e), (2), (3) (b). Also, the Garante found that the personal data published was not adequate, relevant and limited to the fixed purpose thus breaching the principles of data minimization under article 5 (1) (c) GDPR.

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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.