Italy: Issued Data Protection Authority ruling specifying that biometric data use for attendance tracking lacks legal basis

Description

Issued Data Protection Authority ruling specifying that biometric data use for attendance tracking lacks legal basis

On 6 June 2024, the Italian Data Protection Authority (DPA) fined Cappello Giovanni and Figli EUR 120’000 for violations of employee privacy rights at their dealership. The action followed a complaint about unauthorised facial recognition usage to track attendance and detailed logging via "Infinity DMS" software, which monitored tasks and downtime. The investigation determined that the practice violates the European Data Protection Regulation (GDPR), noting that biometric data processing lacked legal basis and employee consent was not valid due to power imbalances. The dealership had also been collecting data improperly for six years for performance reports without transparency or legal basis. The company must now adjust its data practices to meet legal standards within 45 days or face additional penalties.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Data protection regulation
Regulated Economic Activity
other service provider, software provider: other software
Implementation Level
national
Government Branch
executive
Government Body
data protection authority

Complete timeline of this policy change

Hide details
2024-06-06
under investigation

On 6 June 2024, the Italian Data Protection Authority (DPA) fined Cappello Giovanni and Figli EUR …