Wind Tre S.p.A.
GDPR enforcement action by Italian Data Protection Authority (Garante) on 2020-07-13.
Case details
- Authority
- Italian Data Protection Authority (Garante)
- Date
- 2020-07-13
- Controller / Processor
- Wind Tre S.p.A.
- Sector
- Media, Telecoms and Broadcasting
- Quoted Articles
- Art. 5 GDPR, Art. 6 GDPR, Art. 12 GDPR, Art. 24 GDPR, Art. 25 GDPR
- Type of violation
- Insufficient legal basis for data processing
Summary
Fines for several unlawful data processing activities relating to direct marketing. Hundreds of data subjects claimed to have received unsolicited communications sent without their prior consent by SMS, e-mail, telephone calls and automated calls. The data subjects were not able to exercise their right to withdraw their consent and object to processing for direct marketing purposes because the information contained in the Data Protection Policy was incomplete in relation to the contact details. Furthermore, the data protection authority stated that the data of the data subjects were published on public telephone lists despite their objection. In addition, several apps distributed by the company were set up in such a way that the user had to give his consent to various processing activities each time he accessed them, with the possibility of withdrawing consent given only after 24 hours.