Categories: Insights, Case Law · News, Publications

Tag: Corte di Cassazione, Privacy


19 Sep 2024

The right of defence may override the right to data protection 

The use of personal data is not subject to the obligation to inform and obtain the prior consent of the data controller when personal data are collected and processed in the context of legal proceedings”. This is “provided that the data are inherent to the area of business and litigation that justifies their collection, that they are not used for purposes other than those of justice for which they were collected, and that the authorizing measure is in place”.

This has been stated by the Court of Cassation, decision no. 24797/2024 of 16 September 2024.

In detail, a few employees – each in the context of their own dispute over matters relating to their employment relationship – had submitted to the court a recording of a conversation that had taken place some years earlier between one of their colleagues and some executives of the employer company. The recording was made without the knowledge or permission of the participants. The executives involved claimed the matter to the data protection authority, which rejected the claim on the assumptions that the recording, and thus the related processing of personal data, had been carried out for purposes related to contesting charges in the context of the employment relationship. At this point, the executives appealed to the ordinary courts.

In addition to the well-established national case-law on the subject, the Supreme Court also refers to the Court of Justice (EU) which, in its judgment of 2 March 2023, C-268/21 – Norra Stockholm Bygg AB v Per Nycander AB, made it clear that “where personal data of third parties are used in a case, it is for the national court to weigh, in full knowledge of the facts and in accordance with the principle of proportionality the interests concerned” and  “that assessment may, where appropriate, lead him to authorize the full or partial disclosure to the other party of the personal data thus disclosed to him if he considers that such disclosure does not go beyond what is necessary to ensure the effective enjoyment of the rights which individuals derive from Article 47 of the Charter”.

The Court of Cassation also remainds that “Articles 17 and 21 of the GDPR make it clear that, in the balancing of the interests involved, the right to defend oneself in court may be considered overriding over the rights of the data subject to the processing of personal data”.

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

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 aprile 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

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,…