Cappello Giovanni & Figli s.r.l.
Non-compliance with general data processing principles
Decision Date
June 6, 2024
Authority
Italian Data Protection Authority (Garante)
IT
Sector
Employment
Country
IT
Law
GDPRStatus
FINALDescription
The Italian DPA has imposed a fine of EUR 120,000 on Cappello Giovanni & Figli s.r.l.. The controller had used facial recognition technology to monitor the attendance of employees. During its investigation, the DPA found that such extensive recording of biometric data to monitor attendance was not permitted. The controller referred to the consent given by the employees as the legal basis for the data processing. However, the DPA concluded that the controller could not rely on consent, as voluntary consent is questionable in an employee-employer relationship. In addition, the DPA found that the recordings were stored for an excessively long time.