{"id":15393,"date":"2023-03-01T12:50:25","date_gmt":"2023-03-01T11:50:25","guid":{"rendered":"https:\/\/www.delucapartners.it\/news-en\/decreto-trasparenza-e-data-protection-il-garante-per-la-protezione-dei-dati-personali-fornisce-le-prime-indicazioni-operative\/"},"modified":"2023-03-02T17:11:35","modified_gmt":"2023-03-02T16:11:35","slug":"decreto-trasparenza-e-data-protection-il-garante-per-la-protezione-dei-dati-personali-fornisce-le-prime-indicazioni-operative","status":"publish","type":"post","link":"https:\/\/testing.delucapartners.it\/en\/news-en\/decreto-trasparenza-e-data-protection-il-garante-per-la-protezione-dei-dati-personali-fornisce-le-prime-indicazioni-operative\/","title":{"rendered":"Transparency and data protection decree: the Italian Data Protection Authority gives its first operational guidelines"},"content":{"rendered":"\n

On 24 January 2023, the Italian Data Protection Authority (Autorit\u00e0 Garante per la protezione dei dati personali<\/em>, the \u2018Authority<\/em><\/strong>\u2019<\/em>) provided some interpretative and operational guidelines on data protection, which arose following the entry into force of Italian Legislative Decree of 27 June 2022, No 104 (also known as the \u2018Transparency Decree<\/em><\/strong>\u2019).<\/p>\n\n\n\n

As is well-known, Article 1-bis <\/em>of the Transparency Decree identified specific information obligations in the event of use of automated decision-making or monitoring tools, used to provide information (i) relevant for the purposes of recruitment or assignment, management or termination of the employment relationship, assignment of tasks or duties, or (ii) affecting the monitoring, assessment, performance and fulfilment of the contractual obligations of workers.<\/p>\n\n\n\n

In this context, by means of the clarification under consideration, the Authority has identified both some additional information that the employer must provide to the data subject – in addition, therefore, to what is already provided for in Articles 13 and 14 of Regulation (EU) 2016\/679 (the \u2018GDPR<\/em><\/strong>\u2019) – and some operational guidelines specifying the scope of the articles just mentioned.<\/p>\n\n\n\n

Additional information includes: (i) the aspects of the employment relationship that are affected by the use of automated decision-making or monitoring systems; (ii) the operation of such systems; (iii) the main parameters used to program or train automated decision-making or monitoring systems, including performance evaluation mechanisms; (iv) the control measures adopted for automated decision-making or monitoring systems, any correction processes and the quality management system manager; (v) the level of accuracy, robustness and cybersecurity of the automated decision-making or monitoring systems and the metrics used to measure those metrics, as well as the potentially discriminatory impacts of those metrics.<\/p>\n\n\n\n

In addition, each  controller must, by way of example but not limited to:<\/p>\n\n\n\n