Categories: Insights, Practice

Tag: Garante Privacy, GDPR


31 May 2021

Data Protection Authority: the employer must properly inform employees about the company systems used

In its 15 April 2021 injunction order, the Italian Data Protection Authority fined a company operating in the manufacturing sector for failing to punctually and adequately inform the employees about the features of a computer system. In doing so, the company unlawfully processed workers’ data beyond the limits set by the authorisation of the local labour inspectorate and the purposes indicated in the provided policies. 

The complaint and investigation

The Data Protection Authority intervened following the complaint lodged by the FIOM CGIL, on behalf of some workers, requesting the adoption of an investigation and compliance measure against the employer company. It was alleged that the company’s system required a personal password on the workstation before starting work, which made it possible to store the data of individual workers relating to stoppages and production throughout the working day. Since the data collected relates to the work of individual employees following authentication with the password, the company, in the union’s opinion, collected data through this system and for purposes other than those outlined in the privacy policy.

As a result of the investigation carried out by the Data Protection Authority, it emerged that the computer system coexisted with the previous work organisation method, based on the completion of paper forms in which the names of employees were revealed in plain text. The forms were stored and recorded on the software, but without any form of separation, thus contradicting the privacy policies on the system functioning and the authorisation issued by the Labour Inspectorate, which had expressly prohibited using the data collected for disciplinary purposes. It had emerged that the data collected through this tool had been used to verify the truthfulness of the statements made by an employee during disciplinary proceedings initiated against them.

In addition, it emerged that there were irregularities in the retention periods of the data collected and processed, which, according to the company’s statement, should have been commensurate with what was necessary for the “monitoring/evaluating production cycles.”

The Data Protection Authority’s decision

In the light of the information gathered, the Data Protection Authority ordered the definitive limitation of the processing operations carried out using the data collected through this system, ordering the company (i) to bring its organisation and processing operations in line with Regulation (EU) 2016/679, including by updating the privacy policy provided to the employees concerned, (ii) adopt appropriate measures to segregate the data collected using paper forms and software and (iii) pay €40,000 as a financial penalty for the violations found.

Other related insights:

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese, 10 marzo 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 4198 of 25 February 2026, the Italian Supreme Court (Court of Cassation) – Labour Section – reaffirmed that a situation of environmental incompatibility may justify…

3 Mar 2026

Employee monitoring: when “bossware” becomes a legal risk (Agenda Digitale, 2 marzo 2026 – Martina De Angeli)

Monitoring workers through digital tools is a rapidly expanding practice, accelerated by the spread of remote work and the digital transformation of companies. Before adopting these systems, however,…

3 Mar 2026

Melismelis signs the campaign for the 50th anniversary of De Luca & Partners

For the historic labor law firm, the agency developed the 50th-anniversary logo and advertising campaign, managed online and offline media planning, and renewed the website’s visual identity. Milan,…

27 Feb 2026

Dismissals: the Corte costituzionale grants broader discretion to judges and greater scope for reinstatement (I Focus del Sole 24 Ore, 26 febbraio 2026 – Vittorio De Luca e Alessandra Zilla)

The regulation of dismissals continues to represent one of the central pillars of Italian labour law, an area of constant tension between freedom of economic initiative and the…