Two recent decisions by the Italian Court of Cassation address issues, which I had already commented on several times, and which confirm the guidelines we have suggested about the probative force of an electronic...
Archives
Italian Data Protection Authority: the first case of authorization of data transfer pursuant to art. 46 of the GDPR
With provision n. 119 of 23rd May 2019, the Italian Data Protection Authority has authorized CONSOB (The Italian Companies and Exchange Commission) to sign an administrative agreement for the transfer of personal data...
Data Protection Authority: communications to users on data breaches must not be generic
In a provision adopted against one of the main national providers of e-mail services, the Italian Data Protection Authority stated that communications of data breaches to users must not be generic and must provide...
Giusella Finocchiaro’s new book on privacy in Italy is now available
From 17th June 2019 “Data protection in Italy. EU Regulation 2016/679 and Legislative Decree 10th August 2018, n. 101” by Giusella Finocchiaro is available online and in bookshops. The book offers an analysis of the...
SPID (Public System of Digital Identity) notified among the European electronic identification schemes
On 2nd May, 2019, the table listing all the electronic identification schemes notified pursuant to art. 9, par. 1, of Regulation (EU) n. 910/2014 of the European Parliament and of the Council on electronic...
Supreme Court of Cassation: distinction between “active” hosting and “passive” hosting in the R.T.I. case against Yahoo
With its judgment of 19th March 2019, n. 7708, the Supreme Court upheld the appeal by Rete Televisive Italiane S.p.A. (R.T.I.) against Yahoo! Inc. and Yahoo! Italia S.r.l. and addressed the question of hosting provider...
European Commission: building trust in “Human-Centric” artificial intelligence
With its Communication of 8th April 2019, COM (2019) 168 final, entitled “Building trust in Human-Centric artificial intelligence”, The European Commission indicated the fundamental requirements which all artificial...
The Council of Europe adopts a Declaration on the manipulative capabilities of algorithmic processes
On the 13th February 2019 the Council of Europe Committee of Ministers adopted a Declaration “on the manipulative capabilities of algorithmic processes”. As is widely known, the Council of Europe is an international...
European Data Protection Board on the use of personal data in the course of political campaigns
On March 13th the European Data Protection Board (EDPB) adopted Declaration 2/2019 on the use of personal data in the course of political campaigns. In its Declaration the EDPB addresses a sensitive issue which has...
Privacy and security: agreement between the Data Protection Authority and the Italian Secret Services
The President of the Italian Data Protection Authority, Antonello Soro, and the General Manager of the Italian Security Intelligence Department (DIS), Gennaro Vecchione, have signed the new Protocol of Intent on data...
Giusella Finocchiaro re-elected President of the Working Group on Electronic Commerce of UNCITRAL
Giusella Finocchiaro was re-elected President of the IV Working Group on Electronic Commerce of the United Nations Commission on International Trade Law (UNCITRAL). The election was held on the 10th of April 2019 in New...
UNCITRAL working Group IV: Electronic Commerce 58th session, 8-12 April 2019, New York
The fifty-eigth session of the Working Group on electronic commerce of the United Nations Committee on International Trade Law (UNCITRAL) will be held at the United Nations Headquarters, New York, from 8 to 12 April...
New cabin baggage policies mislead passengers: Ryanair and Hungary’s Wizz Air hit with multi million euro fines
Italy’s Antitrust Authority (AGCM) has fined the two low-cost airline companies Ryanair e Wizz Air 3 million and 1 million euros respectively for unfair business practice, as in the regulator’s opinion, changes to their...
Italian Constitutional Court: on the online publication of income of public administration executives, balance required between privacy and transparency
With its judgement No. 20 of 21st February 2019, the Italian Constitutional Court declared illegitimate the provision which extended the obligation to disclose tax returns, from holders of elected office to all public...
Provider responsibility: the court of Rome convicts Vimeo of copyright infringement
With its judgment of 10th January 2019, n. 693, the Court of Rome has given its ruling on the dispute concerning the liability of the Internet service provider Vimeo for copyright infringement. The plaintiff was Rete...
New Guidelines on Artificial Intelligence and Data Protection
On 28 January 2019, the Consultative Committee of the Convention for the Protection of Individuals with regard to the Processing of Personal Data (Convention 108) has published Guidelines on Artificial Intelligence and...
The Data Protection Authority against the Tax Office: yes to electronic billing, but in compliance with respecting “privacy”
Paper billing would seem to have had its time for everyone, or almost everyone. Electronic billing, which is already obligatory for public administrations and has been extended to Business to Business operations as just...
Bahrain enacts the UNCITRAL Model Law on Electronic Transferable Records
On 29 November, Bahrain enacted the UNCITRAL Model Law on Electronic Transferable Records (the “MLETR”) by adopting the Electronic Transferable Records Law. Bahrain is the first State to enact the MLETR. The...
The Opinion of the European Data Protection Supervisor on the Proposal to amend the Directive for the Protection of Consumer Rights
With his Opinion n. 8/2018 on the proposal to amend Directive 2011/83/EU, The European Data Protection Supervisor (EDPS) recognises the need to close the regulatory loopholes highlighted by the new business models based...
UNCITRAL working Group IV: Electronic Commerce 57th session, 19-23 November 2018, Vienna
The fifty-seventh session of the Working Group on electronic commerce of the United Nations Committee on International Trade Law (UNCITRAL) was held at the Vienna International Centre in Vienna from the 29th to the 23rd...
Court of Rome approves “reputation rating” platforms
With sentence n. 5715/2018, last April (therefore, before the personal data protection legislation reform which came into force on 25th May) the Court of Rome revoked the Italian Data Protection Authority measure which...
Permanent census: the Data Protection Authority advises caution
From October 2018 Istat (the Italian National Institute of Statistics) will conduct its census of the Italian resident population on a yearly basis and no longer every ten years. In contrast with past censuses, the new...
Guidelines on Antitrust compliance published
The Italian Antitrust Authority (IAA) has published its Guidelines on antitrust compliance to provide companies with guidance on the content of compliance programmes and the criteria used for assessment when awarding...
Notification of the Public Digital Identity System sent to the European Commission
Notification of the Public Digital Identity System (SPID – Sistema pubblico di identità digitale) was sent to the European Commission in early August. The process established by EU Regulation n. 910/2014 (eIDAS) for the...
