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

€5,000Garante per la protezione dei dati personali29 January 2026Italy
final
ePrivacy
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 by the Italian data protection authority for sharing a patient's photos without proper consent. This case matters because it shows that healthcare providers must ensure patient data is truly anonymous before sharing it publicly.

What happened

Dr. Montemurro published photos of a patient's medical procedure on social media without valid consent.

Who was affected

The patient whose photos were shared without proper consent was directly affected.

What the authority found

The authority ruled that the doctor unlawfully processed the patient's health data, violating GDPR rules.

Why this matters

This case highlights the need for healthcare providers to obtain clear and informed consent before sharing any patient information. It stresses the importance of protecting patient privacy in medical practices.

GDPR Articles Cited

AI-verified

Art. 9(GDPR)
Art. 5(1)(a) GDPR
Art. 5(1)(b) GDPR
Art. 5(1)(c) GDPR
View original scraped data
Art. 5(GDPR)
Art. 9(GDPR)

Original data from scraper before AI verification against source document.

Source verified 6 April 2026
articles corrected
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
AI-verified and classified

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

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