Stefano Rodotàthe architect of the building of the privacy Italian, today would have applauded the presentation of the annual report of his latest successor at the helm of the Guarantor for the protection of personal data, the professor Pasquale Stanzione.
In the 40 pages of the report, the precious work of balancing of individual rights that the Authority has exercised since 1997 following the liberal and guarantor track that the jurist who died on 23 June five years ago had imprinted on him during the years of his mandate.
The report, presented in the Zuccari room of the Senate of the Republic, attended by all the members of the college, Pasquale Stanzione, Ginevra Cerrina Feroni, Agostino Ghiglia, Guido Scorza, illustrated the initiatives of an intense year characterized by massive use of online platforms in a particularly challenging context for the purposes of adaptation to European regulation by public and private entities.
A task that the Guarantor has carried out with a series of interventions, consultations and opinions, focused on ethical and practical implications of technologies and the data-driven economy; on the role of large platforms and the necessary protection of minors; i big data, artificial intelligence and the problems posed by algorithms, including scenarios charted by neuroscience; up to the security of systems and the protection of cyber space, thanks to the spread of facial recognition systemsthe monetization of personal information and the devastating phenomena of revenge porn and sharenting (from “share” and “parenting”), or the excessive and constant online overexposure of boys and girls through social sharing done by parents.
An overall activity that produced important numbers: 388 corrective and sanctioning measures, 13 million 500 thousand euros of fines collected, 49 inspections carried out in 2021.
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The initiatives
Among the many initiatives it should be mentioned that in the course of 2021 the Authority has I imposed a series of measures on TikTok to exclude very young users from the platform, removing hundreds of thousands of subscriber accounts under thirteen. Then there was the millionaire fine to Clearviewnotorious US company of Facial recognition who has banned the use of biometric data and the monitoring of Italians. But the Guarantor is also opposed to the use of the Police Real Time Sari recognition system because it lacks the necessary guarantees to protect the freedom of individuals and does not comply with data protection legislation. But he authorized the use of body cameras for the police, without the use of biometric data.
In 2021 alone, the Authority adopted 448 collective measures (with an increase of over 56%) and responded to 9,184 complaints and reports regarding banking and financial marketing; work and telematic networks; online data from public administrations, health and IT security.
And all this the Guarantor did it all with a precise awareness. In a dated world made everyone understand that protecting data means protecting the behaviors that generate that data and that since the data are digital they must first of all be protected in the IT bed where they are processed and stored. Also contributing to the promotion of good cyber security practices.
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To understand the relevance of this passage it is enough to consider that the number of data breachthe violation of databases and their disclosure, which have been notified to the Guarantor in 2021, is equal to 2,071 cases50% more than in 2020, many of which related to dissemination of health data which also led to sanctions, also affecting social platforms such as Facebook and LinkedIn.
Likewise the Guarantor, who spoke of the creeping cyberwar which also involved Italy, as a result of a “spillover”, a sort of flood that also involves countries outside the Russian-Ukrainian conflict from which it originates. A war at the gates of Europe which, said Stanzione, it is also a social warfought with a consensus manipulation strategy implemented through social networks on which it is hoped that the European Commission’s Code of Conduct on disinformation will be affected, which on June 16 was strengthened by a team led by the Italian professor Oreste Pollicino.
And he also warned us against ransomware, a predominantly criminal phenomenon that is worth at least $ 4 million in damages each time, but more generally on the need for online data protection, and the risks associated with the use of assistants. digital, Facebook Smart glasses, drones used for both private and public safety purposes.
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The criticism of privacy defenders against the retention of telephone and electronic traffic data (data retention), now set in Italy in 6 years, and against aggressive telemarketing despite the establishment of the Register of Oppositions against which the Guarantor is not never been tender. To protect consumers in 2021 it is in facti intervened with a decision against aggressive telemarketing carried out without consent with overall penalties of 38 million euros. With an investigation that has allowed the emergence of a sort of “undergrowth” of sub-suppliers, who often operate in conditions of illegality.
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Many other opinions were provided, on the Io App, the Spid for minors, the Student Charter, and in favor of non-profit associations. Among the proactive interventions there are also agreements with the health world, justice and local regional political bodies.
While there journalistic incontinence, sometimes too morbid and disrespectful of privacy, especially of minors, was beatenthe Guarantor has also set precise rules for the exercise of the right of civic access and has asked more protections for those who report illegal with the instrument of “whistleblowing.”“in this way alongside the precious activity of the anti-corruption Guarantor Giuseppe Busia.
Even the world of work it was the subject of intervention by the Authority on several occasions. The Guarantor intervened a protection of call centers and delivery platform workerswith two penalties for a total of 5 million and 100 thousand euros.
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The work of relations with the public was also important, with respect to which he gave feedback to over 18,700 questions, which concerned, in a predominant way, the obligations connected with the application of the EU Regulation and the public and private employment relationship up to the activity of Responsible for data processing.
International activity
Among the most important opinions issued by the Edpb (European Data Privacy Board, the European Guarantor) and to which the Guarantor has contributed, we should mention those on the EU Regulation proposals for artificial intelligence and data governance; on the use of contractual clauses for the transfer of data outside the EU; on the proposed regulation governing the issue, validity and interoperability of green passes; on the adoption of codes of conduct for data controllers. The Committee also spoke on the proposals drawn up in the EU regarding digital services and data strategy such as the Digital Services Act, Digital Markets Act.
In short, a gigantic job that sometimes he seems to want to stop the sea with his hands, seen it economic overwhelming power of the players involved sometimes sanctioned and subject to inspection, and the great influence of social platforms and search engines that make the appropriation of data their billionaire business exploiting the inability of users to understand the value of the data they voluntarily give in exchange for a video of kittens, group chat and 15 seconds of visibility.