Scionti Selezioni Superiori S.r.l. – €70,000 Fine (Italy, 2023)

Scionti Selezioni Superiori S.r.l. (the data controller) faced scrutiny following numerous complaints received by the Italian DPA in 2022. The complaints highlighted unauthorised phone calls promoting the "Caffè Scionti" brand, particularly targeting individuals registered in the Italian Public Opt-out Registry (RPO). The [https://registrodelleopposizioni.it/en/home/ RPO] is an Italian registry extended to all national phone numbers, which allows citizens to opt-out of unwanted telemarketing calls. Following the DPA's request of 22 November 2022 for information, the controller explained that the unauthorised phone calls happened due to random typing errors. In this regard, it explained that its development and turnover are based on word-of-mouth marketing of customers, as well as by carrying out telephone promotional activities 'in manual mode', which it admitted to have an average of 8 to 12 errors of typing monthly. In early 2023, the DPA received more complaints related to unsolicited phone calls by the controller. Thus, on 24 February 2023, the DPA requested the controller to provide more information for a complete evaluation of its processing activities. The controller confirmed that the database at its disposal for marketing purposes contained data obtained from third parties who, in turn, had been advertising the Scionti brand. But it also complained that its brand had been used by third parties without any authorisation and that it was unable to register to the RPO as an operator and therefore keep track of the existing objections to telemarketing. On the basis of the information provided, the DPA found a systematic lack of compliance with GDPR provisions by the controller. The DPA began by explaining that pursuant to Article 4 GDPR a phone number randomly dialled and called for telemarketing purposes can be considered personal data. Hence, the GDPR and the Italian Privacy Code apply. In light of this, the controller's acquisition of the personal data by w