Dr. Montemurro – €5,000 Fine (Italy, 2026)

€5,000Garante per la protezione dei dati personali29 January 2026Italy
final
Fine

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.

Dr. Montemurro was fined €5,000 for improperly publishing a patient's photos without valid consent. This case matters because it highlights the need for clear consent when handling sensitive health information.

What happened

Dr. Montemurro published patient photos without obtaining proper consent for identifiable health data.

Who was affected

The patient whose health data was published without valid consent was affected.

What the authority found

The authority ruled that the doctor unlawfully processed the patient's health data, violating GDPR's requirements for consent and anonymization.

Why this matters

This ruling emphasizes the importance of obtaining clear and informed consent when using sensitive data. Healthcare providers must ensure they follow proper consent protocols to protect patient privacy.

GDPR Articles Cited
Automatically processed
Art. 5(GDPR)
Art. 9(GDPR)
View original scraped data
Art. 5(GDPR)
Art. 9(GDPR)

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Source checks

Linked-source text retrieved.

Automated check recorded — 6 April 2026.

Processing notes: articles corrected.

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Full Legal Summary
Detailed

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)

Cookies Placed Before Consent
critical

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.

Details

Fine Date

29 January 2026

Authority

Garante per la protezione dei dati personali

Fine Amount

€5,000

GDPRhub ID

gdprhub-9835

About this data

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

Cite as: Cookie Fines. Dr. Montemurro - Italy (2026). Retrieved from cookiefines.eu

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