Privacy sanctions no to ne bis in idem
The principle of the ne bis in idem between administrative sanctions in the matter of processing of personal data does not apply.
by Fulvio Sarzana of S.Ippolito, Lawyer in Rome
Furthermore, the question of the constitutionality of the urgent introduction of legislation for certain administrative provisions under the previous privacy code and the question of the constitutional relevance of the ne bis in idem principle in matters of administrative sanctions are unfounded.
This is the gist of a very detailed rejection order (which also contains other important conclusions) of the Supreme Court of Cassation iin the privacy policy of early September 2020.
The Court accepted the cross-appeals of the Guarantor for the protection of personal data Italian rejecting the main appeal of an operator in the postal and telemarketing sector.
Particularly interesting are the arguments adopted by the Court to deny the relevance and the manifest validity of the two questions of constitutionality relating to the Privacy Code.
In particular, the Court held, in view of the need and urgency of a sanctioning legislation regarding unlawful processing of personal data, that the "stricter sanctions regarding the regulation of the processing of personal data in the context of the misuse of databases for commercial promotion and telemarketing purposes were necessary, precisely because of the oligopoly of some companies in the collection and processing, without the consent of the interested parties, of data acquired from public archives or in the public domain.".
Privacy sanctions no to ne bis in idem
It should be remembered in any case that today the provisions referred to by the Supreme Court of Cassation have been repealed and replaced by art. 83 of the general privacy regulation (GDPR) and by art. 166 of the amended Personal Data Protection Code.
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