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IRIS 2016-9:1/1 European Court of Human Rights: Brambilla and others v. Italy

The legality and acceptability of some controversial practices by journalists was at the heart of a recent case before the European Court of Human Rights (ECtHR). The case concerns the conviction of three journalists in Italy who intercepted radio communications between police officers (carabinieri) in order to arrive quickly at crime scenes and report on them for their local online newspaper. Stressing the notion of responsible journalism and noting that the decisions of the domestic courts had been duly reasoned and had focused primarily on the need to protect national security and prevent crime...

IRIS 2016-8:1/34 [IT] Data Protection Authority approves targeted advertising by Sky Italia

On 13 July 2016, the Italian Data Protection Authority issued a decision ruling that the processing of users’ personal data by the Italian satellite pay-TV operator Sky Italia, aimed at providing targeted advertising to some of its subscribers (Adsmart project), is in line with the Italian Data Protection Code (legislative decree No. 196 of 30 June 2003). Targeted advertising is a new advertising technique that enables the broadcaster to replace the advertising spots included in the linear feed with different, targeted advertising spots that are stored in the user’s decoder box. Thus, broadcasters...

IRIS 2016-8:1/26 [IT] AGCOM report on OTT operators and consumer communication services

Over recent years, the widespread deployment of broadband access services from both fixed line and mobile network brought the development of a new set of services and advanced equipment. This increased users’ demand for Internet access and stimulated investments in network capacity, as well as the development of new services and apps. In this regard, and in line with the current debate at EU level (see IRIS 2015-10/4), on 28 June 2016 the Autorità per le garanzie nelle comunicazioni (Italian Communications Authority - AGCOM) published the findings of the survey concerning the development of digital...

IRIS 2016-8:1/25 [IT] The Mediaset Premium-Calcion case

On 27 July 2016 the Tribunal of Milan partially rejected the request for interim measures filed by Mediaset Premium S.p.A. (Mediaset), the pay-TV arm of the Mediaset group, against the TLC companies Telecom Italia S.p.a., Vodafone Omnitel n.v., Fastweb S.p.a., Tiscali Italia S.p.a., H3G Italia S.p.a. and Wind Telecomunicazioni S.p.a. (TLC Operators). The dispute arose from the illegal live streaming by the online portal Calcion, available at the domain name “calcion.at”, of several clips related to football games the exclusive rights of which were owned by Mediaset. In the past, Calcion’s previous...

IRIS 2016-7:1/24 [IT] Data protection authority finds bloggers deserve same treatment as journalists

The Autorità Garante per la protezione dei dati personali (Italian Data Protection Authority, “Garante”), through Resolution no. 29 of 27 January 2016, has stated that hen bloggers report news and comments in their blog, in absence of the data subjects’ consent, they do not commit any unlawful act as long as they respect the rights, fundamental freedoms and dignity of the person on which they write. In this resolution the Garante declared groundless the complaint of a well-known public figure who had asked a blogger to remove an article reporting certain information concerning her personal life...