FISAR – €5,000 Fine (Italy, 2022)
General GDPR enforcement action
This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.
FISAR published a member's expulsion decision online while it was still being contested, which was ruled unlawful. This is significant because it shows that organizations must follow their own rules about data publication. Companies should ensure they only share finalized decisions to avoid legal issues.
What happened
FISAR published an expulsion decision on a cloud platform while the decision was still contestable.
Who was affected
The expelled member whose decision was published unlawfully was affected.
What the authority found
The authority found that FISAR violated GDPR by publishing a decision that was not final, as it was still subject to appeal.
Why this matters
This ruling serves as a reminder that organizations must adhere to their internal regulations regarding data publication. Companies should review their policies to ensure compliance and protect member privacy.
GDPR Articles Cited
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In January 2021, the Italian Federation of Sommeliers, Hoteliers and Restaurateurs (the controller) expelled a member of the association (the data subject). The decision was documented in the minutes for the meeting of the controller's National Council. The minutes were published on a cloud, accessible to all members. The decision to expel the data subject was still contestable at that time. The data subject did decide to contest the decision and appealed it before the controller's Arbitration Committee. In May 2021, he also filed a complaint with the Italian DPA because he felt that the decision was published unlawfully. The appeal before the Arbitration Committee was successful. It reversed the decision and reinstated the data subject as a member of the controller. However, the information on the cloud was only rectified six months later. The DPA noted that it followed from the controller’s privacy policy that the personal data of its members would be processed as prescribed by the internal rules of procedure. For this reason, the DPA held the controller’s internal regulation relevant to the case. The DPA found that the controller’s rules of procedure only prescribed the publication of final decisions. As the decision as still contestable at the time it was published, the DPA held that the decision was published unlawfully. Therefore, the DPA held that the controller violated Article 5(1)(a), 5(1)(c) and 6(1)(a)(f) GDPR and imposed a fine of €5,000.
Violations (1)
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 FISAR in IT
This is the only recorded action for this entity in this jurisdiction.
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Details
Fine Date
30 June 2022
Authority
Garante per la protezione dei dati personali
Fine Amount
€5,000
GDPRhub ID
gdprhub-5283About this data
Cite as: Cookie Fines. FISAR - Italy (2022). Retrieved from cookiefines.eu
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