The Court of Appeal of Milan (Italy) acquitted 3 managers of Google that had been sanctioned to 6 months of imprisonment because of a privacy breach related to a video showing an handicapped young guy posted by a user on Google Video.
The Court of First Instance indeed had held in 2010 that the privacy of the guy showed in the video had been breached since no privacy information notice had been provided and privacy consent had been given by his parents to the processing of his personal data which included also sensitive data relating to his health conditions due to his handicaps.
Such decision had been very controversial and indeed it was unclear the role and the safeguards that Google could put in place to avoid such kind of breaches and its role in the processing of the personal data of the persons showed in the videos posted on Google Video. The court held that the privacy breach had taken place and since the Italian privacy code provides criminal sanctions for privacy breaches in specific circumstances the managers of Google that were deemed liable for the breach had been convicted to 6 months of imprisonment.
The reasons of the Court of Appeal's decision have not been published yet but according to the ruling the managers have been acquitted since the challenged fact did not occur i.e. it did not amount to a crime. It will be interesting to see whether the outcome of this decision will have any impact on the policy adopted by video sharing platforms in the processing of users' personal data.
Do you want to know more on the above? Feel free to contact me, Giulio Coraggio.