The Privacy Guarantor deems it necessary to provide some clarifications regarding the statements made by the President of the Lombardy Region, Attilio Fontana, in recent days, which erroneously attributes the impossibility of using certain health data to combat the Covid emergency to the Guarantor’s interventions -19.
Since the declaration of the state of emergency resolved by the Council of Ministers on 31 January 2020, the Authority has adopted various provisions which have allowed emergency interventions which involved the processing of data and which were the result of a delicate balance between health needs public and those relating to the protection of personal data.
Some interventions, challenged by the data controllers, have been confirmed both by the Supreme Court and by the Constitutional Court.
As regards the initiatives promoted in the Lombardy Region, two interventions by the Authority should be highlighted. In one case the sanctioning measure against a Milanese healthcare company dated 05.13.2021 (www.gpdp.it – doc. web 9685332), contested, was confirmed by the Court of Cassation which recognized the violations detected by the Guarantor and also condemned the Agency to pay the legal costs incurred by the Authority.
In a second case, the Guarantor sanctioned a social health company in Milan (provision of 7.12.2023 on www.gpdp.it – doc. web 9978342) who paid the fine and changed the settings of the health dossier as indicated by the Authority.
Source: Garante Privacy
