Italy

Cappello Giovanni & Figli s.r.l.

120,000 €

GDPR enforcement action by Italian Data Protection Authority (Garante) on 2024-06-06.

Rank · Sector

#20

of 213 in Employment

Rank · Italy

#70

of 543

Rank · All fines

#439

of 3,050

Case details

Authority: Italian Data Protection Authority (Garante)
Date: 2024-06-06
Controller / Processor: Cappello Giovanni & Figli s.r.l.
Sector: Employment
Quoted Articles: Art. 5 (1) a), c), e) GDPR, Art. 6 GDPR, Art. 9 (2) b) GDPR, Art. 13 GDPR
Type of violation: Non-compliance with general data processing principles

Summary

The Italian DPA has imposed a fine of EUR 120,000 on Cappello Giovanni & Figli s.r.l.. The controller had used facial recognition technology to monitor the attendance of employees. During its investigation, the DPA found that such extensive recording of biometric data to monitor attendance was not permitted. The controller referred to the consent given by the employees as the legal basis for the data processing. However, the DPA concluded that the controller could not rely on consent, as voluntary consent is questionable in an employee-employer relationship. In addition, the DPA found that the recordings were stored for an excessively long time.

Open original source Links to the regulator's original publication or another source.