Cappello Giovanni & Figli s.r.l. – €120,000 Fine (Italy, 2024)

€120,000Garante per la protezione dei dati personali6 June 2024Italy
final
ePrivacy
Fine

Cappello Giovanni & Figli s.r.l. was fined €120,000 for using facial recognition technology to monitor employee attendance without proper consent. The Italian data protection authority found that relying on employee consent was not valid in this situation. This case highlights the importance of obtaining clear consent when using biometric data in the workplace.

What happened

Cappello Giovanni & Figli s.r.l. used facial recognition technology to monitor employee attendance without valid consent.

Who was affected

Employees whose biometric data was recorded for attendance monitoring were affected.

What the authority found

The authority ruled that the company could not rely on employee consent for processing biometric data, violating GDPR's requirements.

Why this matters

This ruling emphasizes that companies must be cautious when using biometric data, especially in employer-employee relationships. It serves as a reminder for businesses to ensure they have valid consent mechanisms in place.

GDPR Articles Cited

AI-verified

Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 5(1)(e) GDPR
Art. 9(1) GDPR
Art. 9(2)(b) GDPR
Art. 4(14) GDPR
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Art. 4(14) GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 5(1)(e) GDPR
Art. 9(1) GDPR
Art. 9(2)(b) GDPR

Original data from scraper before AI verification against source document.

Source verified 10 March 2026
national law identified
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Full Legal Summary
Detailed

The Italian DPA has imposed a fine of EUR 120,000 on Cappello Giovanni & Figli s.r.l.. The controller had used facial recognition technology to monitor the attendance of employees. During its investigation, the DPA found that such extensive recording of biometric data to monitor attendance was not permitted. The controller referred to the consent given by the employees as the legal basis for the data processing. However, the DPA concluded that the controller could not rely on consent, as voluntary consent is questionable in an employee-employer relationship. In addition, the DPA found that the recordings were stored for an excessively long time.

Violations (1)

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Related Enforcement Actions (0)

No other enforcement actions found for Cappello Giovanni & Figli s.r.l. in IT

This is the only recorded action for this entity in this jurisdiction.

Details

Fine Date

6 June 2024

Authority

Garante per la protezione dei dati personali

Fine Amount

€120,000

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. Cappello Giovanni & Figli s.r.l. - Italy (2024). Retrieved from cookiefines.eu

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