Categories: Insights, Publications · News, Publications

Tag: GDPR, Privacy


31 Jul 2024

Italian Data Protection Authority: no to attendance monitoring via facial recognition and no to monitoring workers’ activities

Recently, the Italian Data Protection Authority (Autorità Garante) has returned to the issue of the use of biometric data in the context of managing employment relationships. “As things stand, current law does not allow the processing of employees’ biometric data for purposes of timekeeping”. This was reiterated by the IDPA in a ruling of 6 June 2024, in which it fined the employer, a dealership, EUR 120,000 for, among other things, unlawfully processing its employees’ biometric data.

The IDPA intervened following a complaint from an employee, who alleged:

  • the unlawful processing of personal data through a biometric system installed at the employer company’s two production units and
  • the use of management software with which each employee was required to record repair work performed on assigned vehicles, the time and manner in which the work was performed, and downtime with specific reasons.

With reference to the first ground of complaint, namely the processing of biometric data, the IDPA has again clarified that employers may not use biometric data. The current position is that there is no legal provision for the use of biometric data for attendance tracking, and at this point it should be remembered that even employee consent cannot be considered a suitable prerequisite for lawfulness. This is because of the asymmetry between the respective parties to the employment relationship.

On the other hand, with reference to the second ground of the complaint, the IDPA found that the company, through management software, had been collecting personal data related to the activities of employees for more than six years to prepare monthly reports to be sent to the parent company, containing aggregate data on the time spent by the workshops on the work performed. This activity had always been carried out without a proper legal basis and adequate disclosure, which, in the context of the employment relationship, are expressions of the principles of fairness and transparency.

It is worth mentioning that the latter activity could, among others, involve indirect remote monitoring of workers’ activities, which, as such, would require compliance with the safeguards provided by Article 4 of the Italian Workers’ Charter i.e., signing a union agreement or, failing that, obtaining authorisation from the National or Regional Labour Inspectorate.

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

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…

29 Sep 2026

Shadow AI in the workplace: how to govern risks, data, and security (Agenda digitale, 29 September 2026 – Vittorio De Luca and Martina De Angeli)

The spread of artificial intelligence tools used without corporate authorization exposes businesses to risks involving personal data, confidential information, know-how, and cybersecurity. To govern Shadow AI, organizations need…

24 Sep 2026

The concept of “territorial scope” in a non-compete agreement (Top24 Lavoro Ai – Il Sole 24 Ore, 24 September 2026 – Vittorio De Luca and Alessandro Ferrari)

Interpretative issues in light of the most recent case law on the nullity of non-compete agreements due to the indeterminacy of territorial scope By an order issued on…

16 Sep 2026

Did you know that… repeated violations of company procedures may justify the dismissal of a store manager?

The Italian Supreme Court (Labour Section), in Order No. 25231 of 11 September 2026, upheld the lawfulness of the dismissal for just cause of a store manager who…