DATA PROTECTION
Supreme Court of Cassation: the disclosure of information exceeding the data minimization criterion entails compensation for damage.
The disclosure of information exceeding the data minimization criterion entails compensation for (serious and serious) damage caused by the unlawful dissemination of personal data.
Liability for damages is imputable, pursuant to art. 15, paragraph 1, legislative decree n. 196/2003 (applicable ratione temporis), to whoever, with their conduct, has etiologically caused them, regardless of the position held as Data Controller or Data Processor (according to the pre-GDPR definition, EU Reg. 679/2016 ).
This is the principle established by the Supreme Court of Cassation in the order of the I Civil Section, No. 11020/21 filed on April 26, 2021.
Liability for damages is imputable, pursuant to art. 15, paragraph 1, legislative decree n. 196/2003 (applicable ratione temporis), to whoever, with their conduct, has etiologically caused them, regardless of the position held as Data Controller or Data Processor (according to the pre-GDPR definition, EU Reg. 679/2016 ).
This is the principle established by the Supreme Court of Cassation in the order of the I Civil Section, No. 11020/21 filed on April 26, 2021.