Privacy Advisor

ITALY—The Garante Releases 2012 Enforcement Balance

March 1, 2013


By Rocco Panetta

The Garante has released the 2012 balance of its enforcement activities carried out with the help of a specific body of the Italian Tax Police, the so-called "Nucleo Speciale Privacy Guardia di Finanza.”

The Garante conducted 395 inspections and took in around € 3.8 million as a result of the fines imposed.

The inspections referred to telemarketing, the use of geo-localization systems in working place, the mobile payments, consumer credit and central risk, profiling activities and data retention.

With specific reference to the administrative fines, 578 proceedings have been started in the 2012, 61 percent more than in 2011, most of them referred to:

  • omitted information to data subjects;
  • unlawful data processing;
  • failure to comply with telemarketing regulation;
  • excessive data retention of both telephone and telematics traffic data;
  • failure to adopt security measures;
  • failure to submit notification or submitting an incomplete notification to the Garante, and
  • failure to comply with provisions issued by the Garante.

As far as 2013 is concerned the inspection plan launched for the first semester refers to specific sectors: Public data banks—in particular of both social security bodies and financial administration, telemarketing activities carried out by call center working abroad, personal data processing and electronic health data, mobile payment and again central risk.

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.