Categories: Insights, Practice

Tag: GDPR


27 May 2022

The Data Protection Authority sanctions whistleblowing systems that do not guarantee the processed data confidentiality

On 7 April 2022, in an injunction order issued against a hospital, the Italian Data Protection Authority (“Garante”) found that the data processing carried out as part of the management of its whistleblowing system was unlawful.

The Authority sanctioned the IT company, which was acting as a data processor, and managed the service for reporting alleged corrupt activities or unlawful conduct within the entity.

The investigation

The Authority noted that under Articles 13 and 14 of Regulation (EU) 2016/679 (the “GDPR”), the hospital in its capacity as Data Controller, failed to provide specific and prior information about personal data processing carried out following a report. This was in violation of the principle of “lawfulness, fairness and transparency”, which imposes on the data controller the obligation to provide data subjects specific information about the data processing in advance, by taking “appropriate measures” to reach recipients.

It emerged that the health authority failed (i) to trace the processing operations carried out in the Processing Register under Art. 30 of the GDPR and to carry out a preliminary privacy impact assessment.

The Authority stated that the processing of personal data using systems for acquiring and managing reports has risks for the rights and freedoms of the data subjects due to “the sensitivity of processed information, the “vulnerability” of the data subjects in the workplace, and the confidentiality regime of the whistleblower’s identity under the sector’s legislation.”

Furthermore, it noted that:

  • during the replacement phase of the person in charge of corruption prevention and transparency, proper management of authentication credentials to access the web application had not been adopted, and
  • the IT company appointed by the entity to manage the whistleblowing system had used a (sub) supplier for the application hosting service failing to provide data processing instructions and to inform the health authority (data controller). It used the same hosting service for its own and additional purposes.

The Data Protection Authority’s decision

The Authority fined the hospital and the IT Company € 40,000 and gave the hospital a further 30 days to make its relationship with its supplier compliant with the relevant legislation.

◊◊◊◊

As specified in the communiqué shared by the Data Protection Authority, the investigation carried out, in this case, was part of “a series of inspections on the processing methods of data acquired through whistleblowing systems, particularly those most used in Italy by employers.”

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

10 Mar 2026

The transfer of the employee is lawful when there is incompatibility with the company environment (Camera di Commercio Italo-Francese – 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…

27 Feb 2026

“Food delivery” once again at the center of inspection activities (Norme & Tributi Plus Diritto de Il Sole 24 Ore, 17 febbraio 2026 – Vittorio De Luca e Alessandro Ferrari)

It was recently reported that one of the leading food delivery operators in Italy has been placed under judicial supervision, ordered by an urgent decree of the Public…

26 Feb 2026

Vittorio De Luca at the Welfare & HR Summit 2026

On February 25, 2026, Vittorio De Luca took part in the sixth edition of the Welfare & HR Summit organized by Il Sole 24 Ore. In particular, our…