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Italian SA fines a company for post-sick leave questionnaires

Personal Data Human Resources Processing Special Categories of Data Transparency Article 14 Information Provision Requirements Lawfulness
Jun 4, 2026 Source

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Case Law NSS - 1 As 183/2023-62 Supreme Administrative Court Enforcement Italian DPA: Justice Ministry unlawful disclosure of employee health data in service order Garante per la protezione dei dati personali (Italy) Guidance Opinion 34/2025 on the draft decision of the Greek Supervisory Authority regarding C.E.C.L certification criteria EDPB Guidance Art. 29 WP Guidelines on GDPR transparency requirements (WP260 rev.01) EDPB Case Law Judgment of the Court (Eighth Chamber) of 19 December 2024.#MK v K GmbH.#Request for a preliminary ruling from the Bundesarbeitsgericht.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 88(1) and (2) – Processing in the context of employment – Employees’ personal data – More specific rules provided for by a Member State pursuant to that Article 88 – Obligation to comply with Article 5, Article 6 Court of Justice of the European Union Guidance Opinion 6/2024 on the draft list of the Latvian SA on pro-cessing operations exempt from the data protection impact assessment requirement (Art. 35.5 GDPR) EDPB

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Background informationDate of final decision: 10 July 2025National caseController: Magna PT S.p.A.Legal Reference(s): Article 5 (Principles relating to processing of personal data), Article 6 (Lawfulness of processing), Article 9 (Processing of special categories of personal data), Article 13 (Information to be provided where personal data are collected from the data subject)Decision: Administrative fine, Definitive ban on data processingKey words: Administrative fine, Principles relating to processing of personal data, Transparency,Retention time, Lawfulness of processing, EmploymentSummary of the DecisionOrigin of the case A trade union report highlighted a widespread practice within an automotive company: after an absence due to illness, accident or hospitalisation, workers were interviewed and asked to complete a questionnaire. The document, completed by a direct supervisor, was then sent to the Human Resources Department, which, together with the supervisor and/or the competent do

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