FISAR – €5,000 Fine (Italy, 2022)

€5,000Garante per la protezione dei dati personali30 June 2022Italy
final
ePrivacy
Fine

The Italian Federation of Sommeliers, Hoteliers and Restaurateurs was fined €5,000 for publishing a member's expulsion decision before it was final. This matters because it shows the importance of handling personal data carefully, especially when decisions can still be contested.

What happened

The federation published a contestable expulsion decision on a cloud platform accessible to all members.

Who was affected

The affected person was a member of the federation whose expulsion was documented and shared prematurely.

What the authority found

The Italian DPA found that the federation unlawfully published the decision before it was final, violating GDPR rules on data processing.

Why this matters

This case highlights the need for organizations to ensure that personal data is only shared when decisions are final and legally binding. It serves as a reminder to review internal procedures to prevent premature data sharing.

GDPR Articles Cited

Art. 5(1)(a) GDPR
Art. 5(1)(c) GDPR
Art. 6(1)(a) GDPR
Art. 6(1)(f) GDPR
Full Legal Summary
Detailed

In January 2021, the Italian Federation of Sommeliers, Hoteliers and Restaurateurs (the controller) expelled a member of the association (the data subject). The decision was documented in the minutes for the meeting of the controller's National Council. The minutes were published on a cloud, accessible to all members. The decision to expel the data subject was still contestable at that time. The data subject did decide to contest the decision and appealed it before the controller's Arbitration Committee. In May 2021, he also filed a complaint with the Italian DPA because he felt that the decision was published unlawfully. The appeal before the Arbitration Committee was successful. It reversed the decision and reinstated the data subject as a member of the controller. However, the information on the cloud was only rectified six months later. The DPA noted that it followed from the controller’s privacy policy that the personal data of its members would be processed as prescribed by the internal rules of procedure. For this reason, the DPA held the controller’s internal regulation relevant to the case. The DPA found that the controller’s rules of procedure only prescribed the publication of final decisions. As the decision as still contestable at the time it was published, the DPA held that the decision was published unlawfully. Therefore, the DPA held that the controller violated Article 5(1)(a), 5(1)(c) and 6(1)(a)(f) GDPR and imposed a fine of €5,000.

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 FISAR in IT

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

Details

Fine Date

30 June 2022

Authority

Garante per la protezione dei dati personali

Fine Amount

€5,000

GDPRhub ID

gdprhub-5283

About this data

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

Cite as: Cookie Fines. FISAR - Italy (2022). Retrieved from cookiefines.eu

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