Internet privacy for lawyers
THE'’Sarzana lawyer: “Aggregated and anonymous data are not covered by the GDPR”
At the moment, nothing that's happening in Italy, in terms of personal data processing, is extraordinary. Even in more normal situations, telecommunications operators can provide aggregated and anonymous data for legal proceedings, as it falls within their public utility activities.
“If they are aggregated and anonymous data, they do not fall under the privacy regulations” explains lawyer Fulvio Sarzana of the Sarzana Law Firm to DDAY.it. “The problem will be when and if personal data is requested. The data used today is not covered by the GDPR..”
If there are extraordinary situations, in any case, the GDPR “allows individual states to adopt exceptional measures“, adds the lawyer. Our privacy system requires that pervasive data processing like tracking requires a legal basis. The latter already exists.: the decree law of March 9 that placed Italy under quarantine.
“In Article 14 – continues Sarzana – For reasons of public health, mechanisms are highlighted that allow for the legitimacy of processing. This is a legal and national basis. By recalling those provisions, the law would allow for data processing that would otherwise be prohibited.“
The epidemiological purpose guarantees the State greater freedom.“Article 9, paragraph 2 of the privacy regulation that was adopted provides, in exceptional cases such as this, the possibility of adopting exceptional mechanisms, legitimised by the regulation.” Sarzana emphasizes. What does this mean? The state can, according to the decree law of March 9, specifically monitor those who have been infected (and are therefore prohibited from leaving home) and their previous contacts. The discriminating factor is the danger to public health: in this case, the State has the right to specific and individual monitoring.
There are, however, limitations. For now, an Italian model along the lines of the South Korean one—where individual users are tracked and monitored—is not feasible: there is no specific regulation for the widespread monitoring of Italians.“Now it would be unthinkable” sums up Sarzana. “The government has established a commission of experts to specify and study the procedures. Currently, there are no regulations that allow this.“
Internet privacy for lawyers
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