# Cappello Giovanni & Figli s.r.l.: Non-compliance with general data processing principles

- Type: Enforcement
- Source: Italian Data Protection Authority (Garante)
- Date: 2024-06-06
- Original: https://www.enforcementtracker.com/ETid-2380
- Canonical: https://overview.legal/posts/48495
- Topics: Employees, Biometric Data, Controllers, Special Categories of Data, Biometric Data, IP Address, Types of Special Categories of Personal Data, Processing Agreement, Personal Data, Processing

## Summary

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 volunta

## Full text

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.

GDPR Articles: Art. 5 (1) a), c), e) GDPR, Art. 6 GDPR, Art. 9 (2) b) GDPR, Art. 13 GDPR
Industry: Employment

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