Administrative Fine Imposed by the Italian Supervisory Authority for Unlawful Processing of Biometric Data

On 27 March 2025, the Italian Supervisory Authority (“SA”) imposed an administrative fine on a data controller for the unlawful processing of biometric data in a public institution.

In summary, the following points were included in the examination carried out within this scope:

It was established that a biometric recognition system had been implemented to detect presence in the office and to prevent damage and vandalism, which required the use of fingerprints of administrative staff.
The system was applied only to those workers who had given their consent and who did not wish to use traditional methods of attesting their presence.
The authority recalled that, according to the GDPR and the national data protection code, the use of biometric data in the workplace requires clear legal provisions and specific guarantees for the rights of data subjects.
It was underlined that the national provisions which had previously allowed the use of biometric presence detection systems in the public sector were repealed in 2020.
Regarding the consent obtained, it was stated that, due to the imbalance of power between employees and employers, consent does not constitute a valid legal basis for the lawful processing of personal data in the employment context, whether in the public or private sector.
As a result, an administrative fine of EUR 4,000 was imposed.

You can access the full text of the decision here.

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Zumbul Attorneys-at-Law

info@zumbul.av.tr

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