On Jan. 29, 2014 the Italian Data Protetcion Authority lost a case tried by the Court of Milan and has been ordered to pay the plaintiff’s legal fees.
The claim has been filed by a company providing directory services, charged by the IDPA of having sent an unsolicited fax without having got the consent of the receiver.
There are several interpretation issues of the Italian Data Protection Act involved in this decision, that the justice decided not to address, by just trying to “save” the (wrong) interpretation backed by the IDPA. Nevertheless, the justice couldn’t avoid to state that the sending of the (allegedly) unsolicited fax happened in a B2B context that is protected by Sect. 41 of the Italian Constitution and that – as such – needing that information must freely flow (OMG, is this a chapter of “The Hacker Strikes Back”?)
That’s incredible! Fastweb answered the Data Protection Authority questions by claiming to ignore who was calling me on its behalf, and not to have any personal data belonging to me. A few days after (March, 26) I got a NEW CALL from “Fastweb Commercial Department” trying to sell something.
I’ve reported againg this new fact to the Authority, and now I’m really courious to see who – between Fastweb and the Authority – is better “nuts-equipped”.
More to come…
In a previous post I talked about the complaint I sent the Data Protection Authority about Fastweb (an Italian Telco maverick) phone SPAM. Following my letter, the Authority asked Fastweb to provide justification and additional information about that issue. Continue reading
On feb. 23, 2007 the Data Protection Authority asked Fastweb to provide information about the unsolicited phone SPAM I’ve reported on Feb. 15, 2007
Despite I made absolutely clear that I didn’t want to be disturbed, yesterday I got again – for the third or fourth time – a phone call from a person posing as Fastweb (an Italian Telco) representative trying to sell Internet access services.
After being (fairly) rude with the operator, I’ve sent the Data Protection Authority a fax complaining about this blatant infringement of personal data handling.
I’m curious – and eager – to know whether the Authority will adopt any action, or leave this Telco maverick continue working undisturbed.