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Italy / Court of Cassation, Civil Division II / 186

Restrictive interpretation of the limitations of the right to protection of personal data

Deciding Body type:
National Court/Tribunal
Deciding Body:
Court of Cassation
Decision date:

Key facts of the case:

The administrator of a condominium wrote on the public notice board the name of the flat owners specifying for each of them whether they had paid the condominium fees and the amount of debts. One the owner denounced the violation of the right of protection personal data. The Tribunal stated that there had been no violation as the concerned data had an accounting nature and their exposition had efficiency reasons. The owner appealed the judgement.

Results (sanctions) and key consequences or implications of the case:

The Court gave indications in terms of law principles to the Tribunal that will have to statue definitively. The situation in which personal data can be processed without consent are to be interpreted restrictively as the right to protection of personal data is a fundamental one.