The Privacy Guarantor has imposed two sanctions against WindTre and Iliad for activities carried out in violation of the rules protecting the privacy of users. The amount of the respective penalties and the reasons are different: the heaviest tile falls on WindTre: just under € 17 million for numerous illicit data processing, mainly related to promotional activities. In the case of Iliad, the penalty is instead of 800,000 euros and is linked to how employees can access traffic data.
The sanction against WindTre came at the end of an investigation activity started from the complaints of users who reported:
- Receiving unwanted promotional contacts made without consent via SMS, e-mail, fax, telephone calls and automated calls;
- Inability to exercise the right of revocation and consent and to object to the processing of data for marketing purposes – also due to inaccuracies of the contact data contained in the information
- Publication of personal data in public telephone directories despite opposition from interested parties
The investigations revealed that the MyWind and My3 apps were set up to oblige the user to provide consent for different data processing purposes at each new access, including marketing, profiling and communication to third parties. The withdrawal of consent was possible after 24 hours.
There is more: the behavior of WindTre's commercial partners, who are also responsible for the illegal activation of contracts, also offer sanctions. In one case, for example, a Wind Tre partner had entrusted phases of the processing of personal data to call centers that illegally collected the data – this behavior triggered a penalty of € 200,000 to be paid by the partner plus the ban on using the collected data.
In addition to the penalty of 16,729,600 euros, there is a prohibition for WindTre to process the data acquired without consent and an obligation to take measures to carry out a check on the activities carried out by the partners and avoid reaching users with unwanted communications.
The sanction of the Guarantor comes in the period in which WindTre is facing the other serious incident of illegal charges that triggered investigations against 11 managers, searches and seizures for 12 million euros.
The Guarantor assessed the overall activity carried out by Iliad to protect the privacy of users: among the behaviors contested by Iliad is the fact that the camera installed on the simboxes is capable of shooting with an angle of approximately 180 ° which could also record who passes behind or is next to the person making the purchase; the conservation of telephone and telematic traffic data was also deemed not compliant with the relevant legislation.
Iliad reiterates that it has always operated with respect for its users and personal data and underlines that no violation of data or user rights has been found:
We note with great amazement the decision of the Privacy Guarantor since we have always operated with the utmost respect for our users and their personal data. We have had the opportunity to prove to the Guarantor himself that our systems are safe and have been set up to guarantee the greatest possible protection according to the new approach and the provisions of the Gdpr […] We would like to clarify that no data breach has been ascertained nor the rights of users and that, unlike the other operators, Iliad does not carry out teleselling or aggressive marketing activities
On this basis, Iliad is considering filing an appeal.
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