Garante per la protezione dei dati personali (Italy) - 485/2026

Summary

Italy's Garante per la protezione dei dati personali (DPA) has fined Cerved Group S.p.A., an Italian credit rating agency, €400,000 for failing to adequately respond to data subject requests. The agency processed personal data for creditworthiness verification, leading to energy supply denials for some individuals. The DPA found that Cerved provided incomplete information, including scores and the logic behind them, hindering data subjects' ability to exercise their rights to access, rectification, and challenge decisions.

Full text

Help Garante per la protezione dei dati personali (Italy) - 485/2026: Difference between revisions From GDPRhub Jump to:navigation, search VisualWikitext Revision as of 08:04, 1 September 2026 view sourceSf (talk | contribs)Bureaucrats, Interface administrators, noContributionReport, Administrators37 edits Tag: Decisions [1.0] Latest revision as of 08:07, 1 September 2026 view source Sf (talk | contribs)Bureaucrats, Interface administrators, noContributionReport, Administrators37 editsmTag: Visual edit (One intermediate revision by the same user not shown)Line 104: Line 104: }}}} The DPA fined an Italian commercial information system €400.000 for providing inadequate responses to data subject request, effectively preventing them from exercising their rights.The DPA fined an Italian credit rating agency €400.000 for providing inadequate responses to data subject request, effectively preventing them from exercising their rights. == English Summary ==== English Summary == === Facts ====== Facts === The DPA received several complaints from data subjects concerning Cerved Group S.p.A. (the controller) an Italian commercial information system. The controller was processing the personal data of data subjects for the purpose of verifying the creditworthiness of potential customers of two energy suppliers. As a result of the risk profiles attributed to them, data subjects were declined the supply of energy.The DPA received several complaints from data subjects concerning Cerved Group S.p.A. (the controller) an Italian credit rating agency. The controller was processing the personal data of data subjects for the purpose of verifying the creditworthiness of potential customers of two energy suppliers. As a result of the risk profiles attributed to them, data subjects were declined the supply of energy. When data subjects requested access to their data from the controller under [[Article 15 GDPR]], they were informed that their databases did not contain negative information or adverse events justifying the denial of energy supply. When data subjects requested access to their data from the controller under [[Article 15 GDPR|Article 15 GDPR]], they were informed that their databases did not contain negative information or adverse events justifying the denial of energy supply. The DPA conducted an investigation, and found that the controller provided different responses to different data subject’s depending on whether their personal data had been recorded in their system.The DPA conducted an investigation, and found that the controller provided different responses to different data subject’s depending on whether their personal data had been recorded in their system. Line 117: Line 118: For those data subjects where information was present on their databases the controller provided them with the personal data which was present. The DPA further found that the controller did not provide reference to the scores and sub-scores assigned by the controller to the data subjects.For those data subjects where information was present on their databases the controller provided them with the personal data which was present. The DPA further found that the controller did not provide reference to the scores and sub-scores assigned by the controller to the data subjects. === Holding ====== Holding === The DPA held that in light of the controller inadequately responding to data subjects requests, which prevented them from accessing all the information processed for the purpose of calculating their risk profile, and to understand how the score was used in the decisions of the energy suppliers, data subjects were effectively prevented from exercising their rights.The DPA held that in light of the controller inadequately responding to data subjects requests, which prevented them from accessing all the information processed for the purpose of calculating their risk profile, and to understand how the score was used in the decisions of the energy suppliers, data subjects were effectively prevented from exercising their rights. Particularly, the DPA held that the controller did not provide data subjects with all the necessary information, such as certain scores, and the logic and criteria used to calculate the scores, which prevented them from determining the lawfulness, fairness and accuracy of the data. This undermined their ability to exercise their right to rectification pursuant to [[Article 16 GDPR|Article 16 GDPR]], and right to obtain human intervention, express their opinion and challenge the decision made, pursuant to Article 22(3).Particularly, the DPA held that the controller did not provide data subjects with all the necessary information, such as certain scores, and the logic and criteria used to calculate the scores, which prevented them from determining the lawfulness, fairness and accuracy of the data. This undermined their ability to exercise their right to rectification pursuant to [[Article 16 GDPR]], and right to obtain human intervention, express their opinion and challenge the decision made, pursuant to [[Article 22 GDPR|Article 22(3) GDPR]]. In connection with sensitive nature of the information processed by the controller (residential address, age and place of birth) which relates to a data subjects creditworthiness with potentially prejudicial consequences, the controller was found in violation of Articles 5(1)(a), 12 and 15 GDPR.In connection with sensitive nature of the information processed by the controller (residential address, age and place of birth) which relates to a data subjects creditworthiness with potentially prejudicial consequences, the controller was found in violation of [[Article 5 GDPR|Article 5(1)(a) GDPR]], [[Article 12 GDPR]] and [[Article 15 GDPR]]. The DPA imposed a €400.000 fine on the controller pursuant to [[Article 83 GDPR|Article 83 GDPR]] taking into account, inter alia, the fact that this affected 2.094 data subjects. The DPA further ordered the controller to establish a procedure allowing data subjects to exercise their right to rectification pursuant to [[Article 16 GDPR|Article 16 GDPR]].The DPA imposed a €400.000 fine on the controller pursuant to [[Article 83 GDPR]] taking into account, inter alia, the fact that this affected 2.094 data subjects. The DPA further ordered the controller to establish a procedure allowing data subjects to exercise their right to rectification pursuant to [[Article 16 GDPR]]. == Comment ==== Comment == Latest revision as of 08:07, 1 September 2026 Garante per la protezione dei dati personali - 485/2026 Authority: Garante per la protezione dei dati personali (Italy) Jurisdiction: Italy Relevant Law: Article 5(1)(a) GDPR Article 12 GDPR Article 15 GDPR Article 16 GDPR Article 22(3) GDPR Article 83 GDPR Type: Complaint Outcome: Upheld Started: Decided: 07.03.2026 Published: Fine: 400000.0 EUR Parties: Cerved Group S.p.A National Case Number/Name: 485/2026 European Case Law Identifier: n/a Appeal: n/a Original Language(s): Italian Original Source: Garante per la protezione dei dati personali (in IT) Initial Contributor: sf The DPA fined an Italian credit rating agency €400.000 for providing inadequate responses to data subject request, effectively preventing them from exercising their rights. Contents 1 English Summary 1.1 Facts 1.2 Holding 2 Comment 3 Further Resources 4 English Machine Translation of the Decision English Summary Facts The DPA received several complaints from data subjects concerning Cerved Group S.p.A. (the controller) an Italian credit rating agency. The controller was processing the personal data of data subjects for the purpose of verifying the creditworthiness of potential customers of two energy suppliers. As a result of the risk profiles attributed to them, data subjects were declined the supply of energy. When data subjects requested access to their data from the controller under Article 15 GDPR, they were informed that their databases did not contain negative information or ad

Entities