| crisi | 2025-11-21 · NEW: |
Editorial – The Privacy Crisis in Light of Recent Events in Italy |
abstract:
Let’s recap what’s been happening lately: we must avoid defeatism at all costs.
Never before have we been so close to ending up in a mass surveillance society.
We need to stand together, defend our values, and fix what isn’t working.
And leave the judges working on declarations and documents.
Fonte: Valentino SpataroLink: https://gpdp.it/home/docweb/-/docweb-display/docwe
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Dear non-Italian privacy consultants,
Over the next few days, you’ll read exaggerated or downplayed reports about Italy’s Data Protection Authority (Garante per la Privacy). But even for us Italian privacy professionals, this is an unbelievable case.
The Timeline of a Scandal
- Three weeks ago:
- Report (a renowned Italian investigative TV show) was fined heavily by the Garante for using an audio clip that documented facts in their report. The clip was evidence—yet the Authority sanctioned them.
- The Backstory:
- For months, Report had been investigating the Garante itself (they even interviewed them).
- One week after the fine (and a failed attack on a journalist known for tough investigations), Report aired their exposé.
- The Garante’s image was tarnished by allegations of:
- Personal expenses under scrutiny.
- Prejudiced statements in countless interviews, events, and social media posts.
- Overpriced invoices from former partners of a law firm tied to one of the Authority’s members (who left the firm after taking office).
- The Fallout:
- Italian media and politics (united in a way not seen in decades) dig deeper, uncover more issues, and demand resignations.
- The Garante’s response? "We will not resign."
- Even after the scandal, some of the members kept giving personal interviews and posting opinions online.
- The Breaking Point (November 20, 2025):
- Il Fatto Quotidiano (a major newspaper) published a leaked internal document:
- The Garante’s Secretary General (on unofficial letterhead) ordered the IT department to copy all digital memories, emails, and files onto DVDs—urgently. The list is between " and in italic. Cited.
- The IT director refused, citing:
- Illegal request (violating privacy laws).
- Emails exist since 1999 (despite metadata rules).
- He formally logged and signed both the request and his refusal.
- Result:
- Garante staff unanimously demanded the Board’s resignation.
- The Secretary General resigned immediately.
- Italian Data Protection Authority (Garante Privacy):
- No Involvement in Request for Employee Data Monitoring**
In response to today’s press reports, the **Board of the Italian Data Protection Authority (Garante per la protezione dei dati personali)** clarifies that it had **no involvement** in the communication signed by the former Secretary General—**which was never acted upon**—regarding a request for employee data related to the use of IT systems.
The Authority **reminds employers** that, in line with its **long-standing legal position**, accessing certain personal data of employees (such as their use of IT systems) **may constitute a privacy violation**.
*Rome, November 20, 2025*
The Bigger Picture: What This Means for Privacy
- A Divided Profession:
- Italian privacy consultants are split:
- Some defend the Garante unconditionally.
- Others criticize its inconsistent rulings (some brilliant, others technically incomprehensible).
- Debate is dead: If you disagree with the "official" interpretation, you’re ignored or silenced. Not healthy.
- The EU’s "Digital Omnibus" Proposal:
- A simplification effort that risks gutting GDPR and the AI Act.
- Some say transparency and clearer rules are overdue.
- Others (including EU authorities) warn: "Don’t weaken the foundations."
- Human Rights vs. Reality:
- Since 2014, privacy has been framed as a human rights issue—but a minority argued it’s also about fair competition.
- Today, antitrust laws are finally being used to regulate data monopolies. Progress!
- Yet many authorities hide behind "human rights" to avoid criticism—even when wrong.
My Personal Take (30 Years in Privacy, Since 1995)
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We need to return to privacy’s core values:
- Enable innovation without abuses.
- Balance law and technology—not pit them against each other.
- Stop the legal vs. tech war: Collaboration is the only way forward.
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The Ransomware Paradox:
- Victims of cyberattacks pay ransoms because they fear fines worse than the attack itself. Absurd!
- They’re victims, not criminals. We should help them, not punish them for being outgunned by professional cybercriminals.
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The Road Ahead:
- Let’s fix what’s broken without tearing everything down.
- Work together, not against those who disagree.
- Focus on real threats (like ransomware), not internal power struggles.
Final Thought
In the coming days, you’ll read every possible spin on this story.
Remember:
- Privacy is about people, not dogma.
- Mistakes happen—correct them, don’t crucify.
- The goal is progress, not perfection.
Let’s build solutions, not battles.
Valentino Spataro
Privacy & Software Expert since 1995
Link: https://gpdp.it/home/docweb/-/docweb-display/docwe
Testo del 2025-11-21 Fonte: Valentino Spataro
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