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Istituto Statale "Duca degli Abruzzi" – Complaint Upheld (Italy, 2024)

Complaint Upheld
Garante per la protezione dei dati personali4 July 2024Italy
final
Complaint Upheld

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An Italian school faced a reprimand for unlawfully sharing a student's health information with others. The authority found that the school did not have the right to disclose the student's Covid-19 status to other students and parents. This case highlights the importance of protecting sensitive health information in educational settings.

What happened

The school unlawfully sent a health certificate revealing a student's Covid-19 status to other students and their parents.

Who was affected

The student whose health information was disclosed without consent was affected by this incident.

What the authority found

The authority determined that the school violated GDPR by sharing sensitive health data without proper legal grounds.

Why this matters

This reprimand underscores the need for schools to adhere to data protection laws, particularly regarding sensitive health information, to protect students' privacy.

Recorded legal citations
Automatically processed
Art. 6(1)(c) GDPR
Art. 6(1)(e) GDPR
Art. 6(2) GDPR
View original scraped data
Art. 6(1)(c) GDPR
Art. 6(1)(e) GDPR
Art. 6(2) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Art. 2-sexies d.lgs. 196/2003
Art. 2-ter(1) d.lgs. 196/2003
Art. 2-ter(3) d.lgs. 196/2003
Art. 2-ter(4)(a) d.lgs. 196/2003

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Automated check recorded — 9 April 2026.

Processing notes: articles corrected, national law identified, scope corrected.

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Full Legal Summary
Detailed

The father of the data subject filed a complaint with the DPA against the school attended by his son (the controller). He complained that a teacher had unlawfully sent to the other students and their parents a certificate issued by the health authority stating that the data subject had been tested positive for Covid-19. The controller argued that it was not aware of this incident and that, after becoming aware, it had started a disciplinary procedure against the teacher. Moreover, it highlighted that this incident did not have any negative consequence on the data subject and that the certificate was only sent to a closed group of members of the school community. Finally, it pointed out that the teacher was undergoing a really stressful time due to the spreading of Covid-19. First of all, the DPA noted that a public authority is allowed to process personal data under the legal bases provided for by Article 6(1)(c) and 6(1)(e) GDPR. Moreover, the national law implementing Article 6(2) GDPR, [https://www.normattiva.it/uri-res/N2Ls?urn:nir:::2003;196~art2ter Article 2-ter(1)] and [https://www.normattiva.it/uri-res/N2Ls?urn:nir:::2003;196~art2ter 2-ter(3) of the Italian Data Protection Code], states that public administration might “disseminate” or “communicate” personal data to third parties only when a piece of legislation authorises to do so. Secondly, the DPA noted that the definition of “communication” set by [https://www.normattiva.it/uri-res/N2Ls?urn:nir:::2003;196~art2ter Article 2-ter(4)(a) of the Italian Data Protection Code] does not require that personal data is shared with an undetermined amount of people. On the contrary, just sharing the certificate with a closed group of students is enough to fall into the scope of this definition. Therefore, it found a violation of Article 5(1)(a) and 6 GDPR and [https://www.normattiva.it/uri-res/N2Ls?urn:nir:::2003;196~art2ter Article 2-ter of the Italian Data Protection Code]. Thirdly, it pointed out that information relating to a Covid-19 diagnosis is data concerning health under Article 9 GDPR. It recalled that this kind of data can be processed only if an exception under Article 9(2) GDPR is applicable. In particular, Article 9(2)(g) GDPR allows processing of personal data for reasons of substantial public interest if it happens on the basis of EU or Member State law. However, the implementing national law, [https://www.normattiva.it/uri-res/N2Ls?urn:nir:::2003;196~art2sexies Article 2-sexies of the Italian Data Protection Code], does not allow such a “communication”. Therefore, it found a violation of Article 9 GDPR and [https://www.normattiva.it/uri-res/N2Ls?urn:nir:::2003;196~art2sexies Article 2-sexies of the Italian Data Protection Code]. On these grounds, it issued a reprimand to the controller.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for Istituto Statale "Duca degli Abruzzi" in IT

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

Details

Decision Date

4 July 2024

Authority

Garante per la protezione dei dati personali

GDPRhub ID

gdprhub-8211

About this data

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

Cite as: Cookie Fines. Istituto Statale "Duca degli Abruzzi" - Italy (2024). Retrieved from cookiefines.eu

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