Azienda Ospedaliera di rilievo nazionale “A. Cardarelli” – €80,000 Fine (Italy, 2020)

€80,000Garante per la protezione dei dati personali17 September 2020Italy
final
ePrivacy
Fine

An Italian hospital was fined €80,000 after a technical error exposed participants' personal and health data online. This matters because it shows that companies must ensure their partners handle data securely. The hospital was held responsible for not supervising the third-party managing their data.

What happened

A hospital's technical error led to the online exposure of participants' personal and health data.

Who was affected

Participants in a hospital-organized competition had their personal and health data exposed.

What the authority found

The Italian DPA fined the hospital €80,000 for not ensuring adequate data security measures with their service provider.

Why this matters

This case highlights the responsibility of organizations to ensure their partners follow strict data protection measures. It emphasizes the need for businesses to actively supervise and secure data handled by third parties to prevent breaches.

GDPR Articles Cited

Art. 32(GDPR)
Art. 5(1)(a) GDPR
Art. 5(1)(f) GDPR
Art. 6(1)(c) GDPR
Art. 6(1)(e) GDPR
Art. 28(3)(a) GDPR
Art. 28(3)(h) GDPR
Full Legal Summary
Detailed

The hospital (the controller) organized an open competition. Due to a technical problem, the the participants' personal data, including health data, was published on the controller's website. It appears from the proceedings that a part of the controller's technical infrastructure was managed by a third party, especially for the handling of online job applications . The controller argues that it has no responsibility as the conduct is entirely attributable to the malpractice of the third party company. The DPA held that the hospital is a controller under the GDPR. The technical and organisational measures adopted by the controller through the service provider for the management of the candidates' applications did not prove adequate to the risks of the specific processing. The DPA mentions, in particular, the security of the data, the methods for accessing it using the "http" protocol and the methods for transmitting them to the hospital after the submission. In this context, the controller did not provide the processor with the necessary instructions, nor did it in any way supervise or reviewe the security of the data processed by the processor under Article 28(3)(a) and (h) GDPR. For these reasons, the responsibility of the security incident cannot be attributed "solely to the outsourcer", as argued by the controller. The controller failed to adopt adequate technical and organisational measures to ensure the confidentiality and integrity of the personal data processed through the processor's platform. In doing so it violated, amongst the others, Articles 5(1)(a), 28 and 32 GDPR.

Violations (1)

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Related Enforcement Actions (0)

No other enforcement actions found for Azienda Ospedaliera di rilievo nazionale “A. Cardarelli” in IT

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

Details

Fine Date

17 September 2020

Authority

Garante per la protezione dei dati personali

Fine Amount

€80,000

GDPRhub ID

gdprhub-2776

About this data

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

Cite as: Cookie Fines. Azienda Ospedaliera di rilievo nazionale “A. Cardarelli” - Italy (2020). Retrieved from cookiefines.eu

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