Dr. Montemurro – €5,000 Fine (Italy, 2026)
Dr. Montemurro, an Italian doctor, published a patient's surgery photos on social media without proper consent. The Italian Data Protection Authority found this violated privacy rules because the images were not truly anonymous. This case highlights the importance of obtaining clear consent when sharing sensitive health information.
What happened
Dr. Montemurro published photos of a patient's rhinoseptoplasty procedure on social media without valid consent.
Who was affected
The patient whose surgery photos were shared publicly without proper consent was affected.
What the authority found
The authority ruled that Dr. Montemurro unlawfully processed the patient's health data, violating GDPR's requirements for consent and anonymization.
Why this matters
This ruling emphasizes that healthcare providers must ensure they have valid consent before sharing any patient information. It serves as a reminder for all businesses to review their consent practices, especially when handling sensitive data.
GDPR Articles Cited
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A patient (a data subject) filed a complaint with the Italian DPA after photographs of her rhinoseptoplasty procedure were published on a social media platform on the public profile of the doctor (the controller). The controller argued that the data subject had signed a consent form allowing use of images for scientific and educational purposes with a guarantee of anonymity, that the images were anonymized without name and with partial facial obscuring) and that the purpose was medical-scientific dissemination, not commercial. Also, after the complaint, the controller removed the images. The Italian Data Protection Authority (DPA) held that the controller unlawfully processed the data subject’s health data by publishing photos that were not effectively anonymized, in violation of Articles 5(1)(a), (b), and (c) GDPR and Article 9 GDPR. The consent obtained was invalid because it was based on the mistaken belief that the images were anonymous, and no specific consent was given for the dissemination of identifiable health data. The DPA emphasized that for scientific or educational publication, either full anonymization is required, or if anonymization is not possible, a specific, informed consent with pseudonymization must be obtained. The DPA imposed a €5,000 fine, ordered revision of consent forms and privacy notices, mandated ensuring anonymity (or obtaining proper consent), and clarified that consent for necessary medical treatment is not required.
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 Dr. Montemurro in IT
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
29 January 2026
Authority
Garante per la protezione dei dati personali
Fine Amount
€5,000
GDPRhub ID
gdprhub-9835About this data
Cite as: Cookie Fines. Dr. Montemurro - Italy (2026). Retrieved from cookiefines.eu
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