Internet of Things privacy consultation in Italy!

by DLA Piper

The Internet of Things (IoT) is becoming exponentially reviewed by regulators.  After the report from the Italian telecom regulator (AgCom), the Italian privacy authority just launched a consultation seeking inputs from the industry on how to regulate the IoT.

We had discussed just a few days in this blog post about the report issued by AgCom on the Internet of Things which raised considerable issues in terms of telecom compliance including whether or not B2C operators need to hold a telecom license in addition to the license held by the telecom operator.

As to the privacy issues relating to the Internet of Things, the European privacy regulators had already touched such issue in the past in the opinion of the Article 29 Working Party on the matter that we had covered the matter in this blog post.  And the issue had been tackled also by the US regulators in the recommendations of the Federal Trade Commission on the Internet of Things.

The Internet of Things privacy consultation

The Italian data protection authority (the Garante) decided to launch a consultation to obtain a feedback from the market and identify potential issues in relation to:

  • The level of transparency of the information communicated to individuals whose personal data are processed through IoT technologies, the purposes for which the data is processed and the term of storage of collected data also in order to ensure that a valid consent is given;
  • The types of personal data that are processed, the reliability of such data with reference in particular to the health related data and the type of monitoring of data that often occurs without a full knowledge by the individuals;
  • The security of processed data with reference also to the communications to third parties, their improper usage and the loss of personal data also taking into account the number of entities involved, the volume of data collected (the so called “big data“) and the usage of radio communications that can be vulnerable.
  • The need to put in place a privacy by design approach as outlined in the ENISA Report to ensure privacy compliance of an IoT apparatus;
  • The cryptography techniques used in relation to the data communicated through the different IoT devices;
  • The modalities of processing of personal data also in relation to the usage of anonymization tecniques as outlined this blog post;
  • The models of business implemented also in relation to the interoperability of the platforms, the portability of the information and the standards put in place to ensure that users have a full control of their personal data and the ways they are used;
  • The potential certifications to be adopted also at the international level as well as protocols of authentication or mutual recognition.

What is the industry asked for and what are the deadlines?

The players of the IoT market are requested by the data protection authority to provide their feedback on the modalities in which the above mentioned principles can be adopted in an Internet of Things environment with reference in particular to

  • The profiling activities of the users occurring also without their knowledge;
  • The necessity to provide transparent information to users also for the purposes of obtaining a valid consent to the data processing;
  • The risks related to the possible monitoring of the data as well as the security measures implemented;
  • The applicability of a privacy by design approach;
  • The business models used by the industry;
  • The standardization aspects; and
  •  The potential usage of certifications.

The Italian data protection authority has always adopted a very open minded approach and a perfect example of that is given by the approach put in place with reference to cookies that has become an example for the rest of the European Union.  Therefore this consultation will be crucial to identify solutions aimed at ensuring privacy compliance of Internet of Things devices according to modalities that preserve their efficiency and economic value.

The consultation will be open for 180 days from its publication on the Official Gazette and we will follow it very closely!

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© DLA Piper | Attorney Advertising

Written by:

DLA Piper

DLA Piper on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at:

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.