Italian Watchdog: Firing Employees Based on Semi-Private Posts is Illegal
Italian privacy watchdog Garante fined Autostrade per l'Iitalia 420,000 euros ($492,000) for misusing an employee's personal data to justify her firing.
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Autostrade used data from the employee's Facebook profile and private chats on Messenger and WhatsApp to launch disciplinary proceedings against her, Garante said Wednesday.
Moreover, Garante's investigation showed Autostrade used the content without a valid legal basis. The communications involved opinions and exchanges that weren't relevant to the staffer's professional identity. Autostrade manages concessions and services on Italy's highway network.
Once the organization discovered the private character of the conversations and comments, which were published in digital environments with limited access, it should have refrained from using them, Garante said. Using messages exchanged on private communication channels as a basis for disciplinary action violates the secrecy of such communications and therefore lacks a reasonable justification, the Italian regulator added.