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Case Law 26410/07 (03/07/2007)

Type: Ordinance

Authority: National Courts: Merit's Courts (Italy) - Tribunale Civile di Roma

Date: 07/03/2007

Subject: The judicial authority, according to the Law 30/2005, which has introduced the Code of Industrial and Intellectual Property, admits the claim lodged by Telecom Italia SpA aiming at forbidding phone calls for promotional purpose (telemarketing) addressed to its own reserved customers, who are not in the public phone directories and haven’t expressed their consent to phone calls, because such activity violates not only art. 58 of the Code of Consumption and of artt. 11, 23, 129 and 130 of the Code of Privacy, but also two different deliberations of the Guarantor and, therefore, it is characterized by impropriety and unfair competition. At the same time, the Court has admitted the interlocutory claim lodged by Wind aiming at forbidding Telecom to collect consents to update phone directories by sending precompiled forms, with regard to the negative option of the consent and to the indication – in public phone directories and in all their own data bases, which are open to competitors – of the customer’s numbering as non contactable if he had denied his consent in such way.

Parties: Telecom Italia S.p.A. c/ Wind Telecomunicazioni S.p.A., Tele2 Italia S.p.A., Fasweb S.p.A.

Original language: Italian

Classification: Freedoms - Art. 8 Personal data: fairly processing - Personal data: consent - Personal data: access - Personal data: rectification - Personal data: independent authority - Art. 16 Freedom to conduct a business - Solidarity - Art. 38 Consumer protection

Text download Italian