DATA PROTECTION
Court of Cassation: fines imposed by Italian Data Protection Authority if not collected are time-barred in 5 years.
The Supreme Court of Cassation's ruling dated August 1, 2023, no. 23405 confirms that administrative fines imposed by the Italian Data Protection Authority and not collected are time-barred after 5 years between the dispute of the fact and the notification of the folder with the sanction imposed.
The Italian Data Protection Authority appealed ducing, among other things, the fact that the Court had upheld the plea of prescription raised by the plaintiff (a municipality recipient of a sanction) on the basis of the mere finding that a period of more than 5 years had elapsed between the contestation of the violation and the notification of the payment folder, without noticing the provision of Art. 18, paragraph 5, Legislative Decree No. 101/2018, by virtue of which the entry into force of that decree resulted in the interruption of the limitation period of the right to collect the sums due under Article 28 L. No. 689/1981.
However, the Supreme Judges declared the ground of appeal unfounded, recalling Judgment No. 260/2021 in which the Constitutional Court had declared unconstitutional, for violation of Article 3 Const, Article 18, paragraph 5, Legislative Decree No. 101/2018, which establishes, with transitional provision, "as of its entry into force, the interruption ex lege of the limitation period for sanction proceedings, subject to the discipline of Legislative Decree No. 196 of 2003, which, on the date of application of Regulation No. 679/2016/EU, have been initiated, but not yet defined with the adoption of the order-injunction."
The Italian Data Protection Authority appealed ducing, among other things, the fact that the Court had upheld the plea of prescription raised by the plaintiff (a municipality recipient of a sanction) on the basis of the mere finding that a period of more than 5 years had elapsed between the contestation of the violation and the notification of the payment folder, without noticing the provision of Art. 18, paragraph 5, Legislative Decree No. 101/2018, by virtue of which the entry into force of that decree resulted in the interruption of the limitation period of the right to collect the sums due under Article 28 L. No. 689/1981.
However, the Supreme Judges declared the ground of appeal unfounded, recalling Judgment No. 260/2021 in which the Constitutional Court had declared unconstitutional, for violation of Article 3 Const, Article 18, paragraph 5, Legislative Decree No. 101/2018, which establishes, with transitional provision, "as of its entry into force, the interruption ex lege of the limitation period for sanction proceedings, subject to the discipline of Legislative Decree No. 196 of 2003, which, on the date of application of Regulation No. 679/2016/EU, have been initiated, but not yet defined with the adoption of the order-injunction."
