Autostrade per l’Italia fined one million euro by the Italian Data Protection Authority for Free to X – Corriere.it

The fine imposed by the Privacy Guarantor on Autostrade per l’Italia spa (Aspi) for illegally processing the data of about 100,000 registered users of the Free to X toll reimbursement app is worth one million euro. – which allows the total or partial refund of the cost of the motorway ticket for delays due to work sites – had been reported to the Guarantor by a consumer association. The Authority – explains the Guarantor – has ascertained that Autostrade plays the role of data controller and not of manager, as instead indicated in the documentation that regulates the relationship between Aspi and the company Free to X which created and manages the app, as well as in the information provided in this regard to users. In fact, it was Aspi, as concessionaire of the motorway network, that identified the reimbursement mechanism, the nature of the compensatory measures, the methods of compliance, the type of delay related to the presence of construction sites, attributing only implementation tasks to Free to X of the service.

Confused roles

The incorrect qualification of the privacy roles covered by the two companies – underlines the Guarantor – has immediate repercussions on the information provided to users which was therefore not correctly formulated. The disclosure should in fact have reported the actual identity of the owner, i.e. Aspi, as well as all the additional information to ensure correct and transparent processing, as required by the Regulation. Furthermore, Aspi has committed a further violation for not having designated Free to X as data controller. The Guarantor has not indicated corrective measures to Aspi since the company complied with the privacy legislation during the proceeding.

Assousers: now you indemnify users

In September 2021 Assoutenti had filed a complaint with the Guarantor denouncing the critical issues of the application for the toll Cashback. All the services provided by “Free to X” – explains the president of the consumer association Furio Truzzi – appeared bound to the compilation of a form where users were forced to provide not only consent to receive marketing communications, but also a series of personal data to access the right to reimbursement of tolls. Today the Guarantor recognizes the obvious critical issues in terms of privacy and the processing of user data reported by us, and Aspi sticks it out. Now, following the sanction, we believe that all users who have transferred data to the app must be adequately compensated by Aspi for the injury suffered on the privacy front.