Ministero dell'Interno – Complaint Upheld (Italy, 2024)

Complaint Upheld
Garante per la protezione dei dati personali26 September 2024Italy
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ePrivacy
Complaint Upheld

The Italian Interior Ministry was found to have not responded to a request to erase a person's driving offence record. This matters because it shows that individuals have rights regarding their personal data. The ministry did not face any fines.

What happened

The Interior Ministry failed to respond to a request to delete a driving offence from the national database.

Who was affected

A person whose driving licence was revoked and who requested the removal of the offence from official records.

What the authority found

The Garante ruled that the ministry did not comply with GDPR's requirements for responding to erasure requests.

Why this matters

This ruling reinforces the importance of timely responses to personal data requests. Public agencies must ensure they respect individuals' rights under data protection laws.

GDPR Articles Cited

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Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 17(3)(b) GDPR
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Art. 12(3) GDPR
Art. 12(4) GDPR
Art. 17(3)(b) GDPR

Original data from scraper before AI verification against source document.

National Law Articles

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Art. 223(2) D. Lgs. 285/1992
Source verified 11 April 2026
articles corrected
national law identified
Full Legal Summary
Detailed

In 2009, the data subject was stopped by the Police and his driving licence was revoked given that he was driving under the influence. In 2023, the data subject noticed that in the national database of driving licences, his name was still associated with this offence. Therefore, he filed an erasure request with the Interior Ministry (Ministero dell'Interno). Since the Interior Ministry never replied, the data subject filed a complaint with the DPA. The controller pointed out that it cannot delete the data since Article 17(3)(b) GDPR applies, i.e. the controller has a legal obligation to continue processing this data in accordance with [https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:1992-04-30;285~art223 Articles 223(1)] and [https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:1992-04-30;285~art226 226(11) of the Italian Traffic Regulation] (Codice della strada - D. Lgs. 285/1992), obliging the controller to register the issuing and revoking of driving licenses in a database. Regarding the failure to reply to the data subject's request, the controller argued that the data subject, when filing the erasure request, did not tick the box of the form saying that he did not want to be informed according to Article 12(4) GDPR. According to the controller, this it to think that the 30-day deadline was not legally binding. Finally, the controller noted that it had deemed not necessary to reply to the data subject since the latter was, however, not entitled to the erasure at hand. First, the DPA pointed out that, according to Article 12(3) and 12(4) GDPR, a controller should reply to an erasure request in every case, including when it believes that the request should be rejected. Since in the case at hand the controller did not reply, the DPA found a violation of Article 12(1), 12(3) and 12(4) GDPR. On these grounds, the DPA 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 Ministero dell'Interno in IT

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

Details

Decision Date

26 September 2024

Authority

Garante per la protezione dei dati personali

GDPRhub ID

gdprhub-8507

About this data

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

Cite as: Cookie Fines. Ministero dell'Interno - Italy (2024). Retrieved from cookiefines.eu

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