Comune di Torri del Benaco – Complaint Upheld (Italy, 2024)

Complaint Upheld
Garante per la protezione dei dati personali20 June 2024Italy
final
ePrivacy
Complaint Upheld

The Italian data protection authority upheld a complaint against the Comune di Torri del Benaco for disclosing personal information about a Member of Parliament. This case is significant as it reinforces the need for public authorities to protect personal data.

What happened

The mayor revealed personal details about a parliament member's traffic fines during an interview.

Who was affected

The Member of Parliament whose personal information was disclosed by the mayor.

What the authority found

The authority determined that the mayor acted as a representative of the municipality and improperly disclosed personal data without legal grounds.

Why this matters

This ruling emphasizes that public officials must handle personal data carefully, even when discussing public matters. It serves as a reminder for all organizations to ensure compliance with data protection laws.

GDPR Articles Cited

AI-verified

Art. 6(GDPR)
Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
View original scraped data
Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 6(GDPR)

Original data from scraper before AI verification against source document.

National Law Articles

AI-identified

Art. 2-ter(3) Italian Data Protection Code
Source verified 9 April 2026
articles corrected
national law identified
Full Legal Summary
Detailed

A Member of the Parliament was issued several speed camera fines by a municipality, the controller in the case at hand. Since she found these fines unfair, she decided to discuss this matter during a Parliament session and had interviews with some newspapers. A newspaper asked the mayor of the municipality for an interview, during which he confirmed how much fines were issued to the data subject and that her driving license had not been revoked. After that, the data subject filed a complaint with the DPA, arguing that the disclosure of this data was unlawful. Firstly, the mayor objected that he disclosed this data as a private person and not as a representative of the municipality Secondly, the controller argued that the data subject herself disclosed to the press basically all the information contained in the newspaper articles. Therefore, the mayor commented on something that had already become public and did not reveal any further personal data. First of all, the DPA found that the mayor was acting as a representative of the municipality and, therefore, the latter can be regarded as controller. Secondly, the DPA noted that [https://www.normattiva.it/uri-res/N2Ls?urn:nir:::2003;196~art2ter Article 2-ter(3) of the Italian Data Protection Code] allows a public administration to disclose personal data to third parties only when a piece of legislation authorises to do so. Therefore, it is irrelevant whether this data had already made public or not, since such an exception is not foreseen by any law. On these grounds, the DPA found a violation of Article 5(1)(a), 5(1)(c) and 6 GDPR and 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 Comune di Torri del Benaco in IT

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

Details

Decision Date

20 June 2024

Authority

Garante per la protezione dei dati personali

GDPRhub ID

gdprhub-8225

About this data

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

Cite as: Cookie Fines. Comune di Torri del Benaco - Italy (2024). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: