DLP Insights

Court of Cassation: the consent of the employee in case of preliminary investigation is not necessary (Il Sole 24 Ore, September 23, 2013, page 39)

Catégories: DLP Insights, Case Law

Court of Cassation, with the sentence no. 17204/2013, stated that the employer is exempted from the obligation to obtain the consent of the employee in order to carry out preliminary investigation aimed at exercise his/her right. This represents an exception from the general rule, provided for in the art. 23 of the Privacy Law, which subordinates data disclosure to the expressed consent of the involved employee who must get the disclosure statement. The trial concerns a vice-director of a bank who was dismissed as a result of a disciplinary investigation – triggered for the protection of the company assets – regarding accounts handling assigned to him in the bank in which he was employed.

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