The Italian SA Imposes an Administrative Fine on an Automotive Company for Questionnaires Conducted After Illness, Accident or Hospitalisation

The  Italian Supervisory Authority (“SA”) has decided to impose an administrative fine of EUR 50,000 on an automotive company (“Company”) for unlawfully processing employees’ personal and health data.

The investigation established that, as a widespread practice within the Company, employees returning to work after illness, accident or hospitalisation were interviewed and required to complete a questionnair.

As a result of the investigation carried out by the SA, the following infringements have been established:

  • The Company has not provided employees with clear and transparent information during the questionnaire process and has not demonstrated a valid legal basis.
  • No valid legal basis has been established for the processing of personal data, including health data.
  • Irrelevant data, such as information on employees’ absences, has been recorded and retained in a disproportionate manner for up to ten years.
  • The personal data processed has been used in a manner contrary to the purpose of processing.

For these reasons, the SA has decided:

  • to impose a definitive ban on the Company’s data processing activities,
  • to order the deletion of all data already collected and stored,
  • to impose an administrative fine of EUR 50,000.

You can access the full text of the Decision here.

 

Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr

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