Autostrade per l'Italia S.p.A. – €420,000 Fine (Italy, 2025)

€420,000Garante per la protezione dei dati personali21 May 2025Italy
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ePrivacy
Fine

Autostrade per l'Italia S.p.A. was fined €420,000 for using screenshots of an employee's private messages in a disciplinary case without proper legal grounds. This ruling is significant because it reinforces that companies cannot misuse personal data, even if they did not collect it themselves. Employers must be cautious about how they handle employee data.

What happened

Autostrade per l'Italia S.p.A. used screenshots of an employee's private messages in a disciplinary proceeding without a legal basis.

Who was affected

The employee whose private messages were used in the disciplinary action.

What the authority found

The Italian data protection authority determined that the company processed personal data unlawfully, lacking a valid legal basis.

Why this matters

This case serves as a warning to employers about the risks of mishandling employee data. Companies should ensure they have clear legal grounds before using any personal information.

GDPR Articles Cited

AI-verified

Art. 6(GDPR)
Art. 5(1) GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 88(GDPR)
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Art. 5(1) GDPR
Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 6(GDPR)
Art. 88(GDPR)

Original data from scraper before AI verification against source document.

National Law Articles

AI-identified

Art. 113 d. lgs. 196/2003

Entities Involved

Autostrade per l'Italia S.p.A.
An unnamed employee
Source verified 2 April 2026
articles corrected
national law identified
scope corrected
Full Legal Summary
Detailed

Autostrade per l’Italia S.p.A. (the controller) is a private company that maintains a portion of the Italian highway system. The controller received screenshots of Messenger and WhatsApp messages of an employee (the data subject) as well as screenshot of content she shared on Facebook. The controller used the information in disciplinary proceedings and fired the data subject. The data subject filed a complaint with the DPA, claiming that her personal data were processed unlawfully. The DPA held that the controller violated Articles 5(1)(a)(b)(c), 6, and 88 GDPR as well as Article 113 d. lgs. 193/2003. The DPA issued a €420,000 fine. The DPA considered the controller’s infringement to be severe and noted that the controller had already been fined for violation related to the processing of employees’ data. The employer processed personal data The controller claimed that it did not process personal data because it merely received the information rather than collecting it. On the contrary, the DPA held that the use of the data in the disciplinary proceedings against the data subjects, constituted a processing of personal data. It did not matter that the controller did not actively collect the information. The processing was unlawful and excessive The DPA held that the controller processed personal data without a legal basis. In particular, the DPA rejected the argument that the processing was based on the controller’s legitimate interest in managing the employment relationship and exercising its powers as the employer, for several reasons. First, the controller claim that it carried out a “balancing test” beforehand (i.e.: that it assessed whether its legitimate interest outweighed the interests and fundamental rights and freedoms of the data subject). However, it also failed to demonstrate this claim, as required by the principle of accountability (5(2) GDPR). Second, the controller failed to demonstrate that the processing was necessary for the stated purpose. In pa

Violations (1)

Cookies Placed Before Consent
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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 Autostrade per l'Italia S.p.A. in IT

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

Details

Fine Date

21 May 2025

Authority

Garante per la protezione dei dati personali

Fine Amount

€420,000

GDPRhub ID

gdprhub-9364

About this data

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

Cite as: Cookie Fines. Autostrade per l'Italia S.p.A. - Italy (2025). Retrieved from cookiefines.eu

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