Comune di Brescia – €10,000 Fine (Italy, 2024)
The Comune di Brescia faced a fine for improperly handling sensitive data related to stillborn children. Many families were unaware that their names were used on tombstones and could be found online. This case highlights the importance of consent and transparency in handling personal information, especially in sensitive situations.
What happened
The Comune di Brescia buried stillborn children and used the names of their parents on tombstones without proper consent.
Who was affected
Families of stillborn children whose names were used on tombstones without their knowledge were affected.
What the authority found
The authority found that the Comune di Brescia violated GDPR rules by not obtaining valid consent for processing personal data.
Why this matters
This ruling emphasizes that organizations must obtain clear consent when handling sensitive personal data. It serves as a reminder for all businesses to prioritize transparency and user consent.
GDPR Articles Cited
View original scraped data
Original data from scraper before AI verification against source document.
The DPA started an ex officio investigation, after a large journalist investigation was published, against a municipality, the controller. The investigation concerned the practice of the municipal cemetery of burying “fetuses” and “stillborn children”. Each of the tombstones contains the same first name (which is a name traditionally assigned to stillborn children in Italian Catholic tradition), and different surnames, which correspond to the surname of the data subjects, who are the women who interrupted their pregnancy and the men who these women conceived the fetus with. The DPA found that, in the vast majority of cases, these data subjects did not know about the burial site and of the use of their surnames. Additionally, the preliminary investigation of the DPA revealed that, in the online portal of the cemetery, it was possible to find the precise location of each tombstone by typing in the name and surname thereon written. The data available through this online research was name, surname, date of birth and death, as well as the specification of their status of “fetuses” or “stillborn child”. Applicability of the GDPR and Violation of Article 6 GDPR and Article 9 GDPR The DPA starts by considering that, in respect to the burial of fetuses, Article 7 of the Mortuary Police Regulation differentiates three different cases: * “stillborn children”, who must be buried; * “products of interrupted pregnancies”, aged 20-28 weeks, who must be buried either at their parents’ request, or the health facility’s request; * “products of conception”, aged less than 20 weeks, who can be buried only at their parents’ request. The DPA considered that the subject of the investigation concerned the personal data disclosures that related to the products of interrupted pregnancies and products of conception, for which the relatives did not request burial nor indicated to put their data on the gravestone. The DPA found that the indication of the data subjects’ surnames, together w
Violations (1)
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) GDPR
Related Enforcement Actions (0)
No other enforcement actions found for Comune di Brescia in IT
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
19 December 2024
Authority
Garante per la protezione dei dati personali
Fine Amount
€10,000
GDPRhub ID
gdprhub-8945About this data
Cite as: Cookie Fines. Comune di Brescia - Italy (2024). Retrieved from cookiefines.eu
Last updated: