Avis Budget Italia S.p.A. – Complaint Upheld (Italy, 2024)

Complaint Upheld
Garante per la protezione dei dati personali17 July 2024Italy
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ePrivacy
Complaint Upheld

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.

Avis Budget Italia S.p.A. had a complaint upheld after mistakenly sending fines to two Norwegian citizens for traffic violations they didn't commit. This case is important because it shows the need for accuracy in data handling and communication with authorities. Businesses should ensure they have correct information before reporting to avoid harming customers.

What happened

Avis Budget Italia S.p.A. mistakenly reported two Norwegian citizens to authorities for traffic violations due to a data mix-up.

Who was affected

The two Norwegian citizens who rented a car and received incorrect fines were affected.

What the authority found

The Italian DPA upheld the complaint, noting that Avis Budget Italia S.p.A. confused the data of the actual driver with that of the complainants, which led to wrongful fines.

Why this matters

This case highlights the importance of accurate data management and communication to prevent unnecessary issues for customers.

GDPR Articles Cited

AI-verified

Art. 6(1)(b) GDPR
Art. 6(1)(c) GDPR
Art. 4(12) GDPR
Art. 58(2) GDPR
Art. 60(4) GDPR
Art. 60(6) GDPR
View original scraped data
Art. 4(12) GDPR
Art. 56(1) GDPR
Art. 60(4) GDPR
Art. 60(6) GDPR

Original data from scraper before AI verification against source document.

Source verified 11 April 2026
articles corrected
Full Legal Summary
Detailed

Two Norwegian citizens (the data subjects) rented a car at Venice airport, from a car rental company (the controller). After going back to Norway, the data subjects received from the Italian authorities a car fine and a letter stating they had not paid the toll for a highway. However, the data subjects noticed that these two documents referred to a period of time in which they had already gone back to Norway. After sending some emails to the controller, they filed a complaint with the Norwegian DPA (Datatilsynet). Since the main establishment of the controller is in Italy, the complaint was forwarded to the Italian DPA (Garante per la protezione dei dati personali) pursuant to Article 56(1) GDPR. The controller argued that, due to human error, the data subjects' data were confused with the person that was actually driving the car while the traffic code violations happened. Therefore, their names were wrongly sent to the authorities that, then, issued the fines to the data subjects. Moreover, the controller pointed out that, for car rentals, communicating the name of the driver to competent authorities is a legal obligation under several Italian laws. After the mistake was pointed out, the controller contacted the authorities issuing the fines in order to ensure that the latter were addressed to the right person. Therefore, the data subjects did not eventually have to pay the fine. First, the DPA noted that the controller lawfully collected the data subjects’ personal data since that was necessary for the performance of a contract under Article 6(1)(b) GDPR. Second, the DPA pointed out that, in principle, the controller can rely on Article 6(1)(c) GDPR to communicate the data to the competent authorities after being notified that the rented car was involved in a traffic code violation. However, in the case at hand, the controller communicated the wrong name. According to the DPA, this event falls into the definition of a data breach pursuant to Article 4(12) GDPR.

Outcome

Complaint Upheld

A data subject complaint that was upheld by the DPA.

Related Enforcement Actions (0)

No other enforcement actions found for Avis Budget Italia S.p.A. in IT

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

Details

Decision Date

17 July 2024

Authority

Garante per la protezione dei dati personali

GDPRhub ID

gdprhub-8552

About this data

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

Cite as: Cookie Fines. Avis Budget Italia S.p.A. - Italy (2024). Retrieved from cookiefines.eu

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