The Italian Data Protection Authority (DPA) has issued a decision that further restricts employers’ ability to use information from third-party reports, private conversations, or social media posts as evidence in disciplinary proceedings. This decision adds to the ongoing debate on the subject, both before the authority and in Employment Courts, and introduces additional constraints — particularly regarding the use of message conversations that may have disciplinary relevance.
With a recent decision dated May 21, 2025, and published about a month later, the Garante per la Protezione dei Dati Personali (Italian Data Protection Authority, or DPA) ruled on the legitimacy of the processing of an employee’s personal data by a big and important company in Italy. The case originated from a complaint brought by an employee who alleged that the company had unlawfully used data from her private social media and messaging accounts (Facebook, Messenger, and WhatsApp) in the context of disciplinary proceedings that had concluded with her dismissal for cause. The company had received screenshots and messages from other employees and third parties containing defamatory content about the employer, which were then used as evidence in two disciplinary actions.
Pending the civil actions brought by the employee to challenge the decision by the company to dismiss her (before the competent Employment Court), the DPA’s investigation focused on whether the collection and use of that...
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