Categories: Insights, Practice

Tag: accordo sindacale, Controllo a distanza


28 Jan 2018

Data processing performed in violation of the privacy code and article 4 of the Workers’ Charter is unlawful

The Data Protection Authority in charge of the protection of personal data, with order No. 479 dated 16 November 2017, deemed unlawful – and prohibited it – the processing of personal data of employees carried out by Poste Italiane S.p.A. through a system used for the management of the waiting times at the counter. In particular, Poste Italiane deemed this system to be a work tool and consequently did not (i) involve the trade unions and (ii) did not issue any specific information to the staff. The Data Protection Authority, on the other hand, noted that: (i) the system implemented could not be deemed, pursuant to article 4, paragraph 2, of the Workers’ Charter, as “essential” for work performance, being instead one of the available tools for organising work activity, from which indirectly remote monitoring of workers’ activity could result as a consequence. Therefore, its implementation would have required a trade union agreement and the submittal to the concerned employees of adequate information on the methods and purposes of the processing made possible through the system. In addition, in the opinion of the Data Protection Authority, the basic principles of necessity, relevance and not excess in relation to the aims pursued were violated, given the continuous monitoring of work performance, the impossibility for the concerned persons to interrupt such monitoring and the existence of different measures to achieve the same corporate purposes.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

22 Oct 2026

Access to NASpI in light of recent case law (Top24 Lavoro Ai – Il Sole 24 Ore, 22 October 2026 – Vittorio De Luca e Alessandra Zilla)

The New Social Insurance for Employment (NASpI), established by Legislative Decree No. 22 of 4 March 2015, is the main income support measure for employees who have involuntarily…

19 Oct 2026

From Innovation to Governance: The Impact of the AI Act on HR Processes, between Compliance, Transparency and Accountability (AIDP – HR Online, 19 October 2026 – Vittorio De Luca, Martina De Angela)

In recent years, artificial intelligence has evolved from an experimental technology into a tool that is increasingly integrated into the day-to-day activities of HR functions. Among other things,…

12 Oct 2026

“AI tools, remote work and confidential data: employer liability in a borderless environment” – IBA Conference 2026

At the IBA Annual Conference 2026 in Copenhagen, our Managing Partner Vittorio De Luca moderated a panel on one of the most pressing challenges facing employers today: the…

1 Oct 2026

Corporate e-mail and defensive monitoring: when the GDPR and employment law lead to different outcomes 

The Piaggio case clearly illustrates how the same set of facts can give rise to profoundly different assessments depending on the perspective adopted. In its decision of 13…

1 Oct 2026

NASpI and Reinstatement: the Employee’s Election Causes Loss of the Benefit 

Headnote   In its recent judgment No. 24981 of 3 September 2026, the Italian Supreme Court held that, where a dismissal is set aside with an order of reinstatement…

1 Oct 2026

Did you know that… testimony given in court may have disciplinary relevance and, in the most serious cases, justify dismissal? 

The Italian Supreme Court, Labour Section, by order no. 25687 of 22 September 2026, addressed the issue of the disciplinary relevance of statements made by an employee in…