The Italian Data Protection Authority lost a trial (and must pay the legal fees)

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”?)



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