Privacy Advisor

ITALY—British Telecom Italy will have to pay a sanction of €75,000 for not having provided DPA with the required information

December 1, 2012

Panetta_RoccoBy Rocco Panetta

After numerous reports of junk fax sent for promotional purposes, the Data Protection Authority (Garante) had given British Telecom Italy a request for clarification unanswered.

The Garante, in accordance with Article 157 of the Privacy Code, had sanctioned British Telecom Italy with a fine of €20,000. The company chose not to pay and to submit to the Italian DPA a written defense. The arguments, however, were not able to lift the company from liability for not having replied to the Garante.

In view of the gravity of the violation, similar precedents and economic conditions of the company, the authority applied a fine of €75.000. Against the decision of the Garante, the company may appeal to the court.

Rocco Panetta is an Italian lawyer and partner of Panetta & Associati Studio Legale in Rome. He is the former head of legal at the Italian Data Protection Authority and a member of the IAPP Europe Advisory Board.