The right to privacy and compensation for damages

The unauthorized dissemination of personal data, abusive access to computer systems, or the illicit use of sensitive information represent serious violations that can have significant consequences in a person's life. Understanding that one's privacy has been violated is an experience that generates concern and a sense of vulnerability. Italian and European legislation, particularly the General Data Protection Regulation (GDPR), provides concrete protective tools, including the right to obtain compensation for damages suffered. As an expert lawyer in compensation for damages in Milan, lawyer Marco Bianucci addresses these situations with the utmost attention, providing legal assistance aimed at protecting fundamental personal rights.

The regulatory framework: GDPR and the Privacy Code

The right to compensation for damages from privacy violations finds its basis in Article 82 of the GDPR. This provision states that anyone who suffers material or immaterial damage caused by a violation of the regulation has the right to obtain compensation from the data controller or processor. The framework is completed by the Italian Privacy Code (Legislative Decree 196/2003, as amended by Legislative Decree 101/2018), which coordinates with European legislation. A violation is not limited to data loss (data breach) but includes any processing that is not in compliance with the principles of lawfulness, fairness, and transparency, such as collecting data without valid consent or communicating it to unauthorized third parties.

Types of compensable damages

When discussing compensation for privacy violations, it is crucial to distinguish between two main categories of damage. Pecuniary damage, which concerns direct and immediate economic losses, such as the costs incurred to restore the security of one's accounts or financial losses resulting from fraud. Alongside this, non-pecuniary damage is of crucial importance, encompassing inner suffering, psychological distress, damage to reputation or image, and the violation of other personality rights. Case law recognizes that even mere discomfort or worry arising from the loss of control over one's personal data can constitute compensable damage, provided it is adequately proven.

The approach of Studio Legale Bianucci

Addressing a claim for compensation for personal data breaches requires a methodical and strategic approach. The approach of lawyer Marco Bianucci, an expert lawyer in compensation for damages in Milan, is based on a rigorous analysis of the case to build a solid legal position. The process begins with a detailed assessment of the violation, identifying the responsible party (the data controller) and gathering all necessary evidence to prove the illegality. Subsequently, the precise quantification of damages, both pecuniary and non-pecuniary, is carried out, based on the severity of the violation, the nature of the data involved, and the concrete consequences suffered by the client. The goal is always to pursue the most effective path, initiating dialogue with the opposing party and, if necessary, undertaking legal action to obtain fair redress.

Frequently Asked Questions

When am I entitled to compensation for a privacy violation?

You are entitled to compensation when you can demonstrate the existence of three fundamental elements: a violation of personal data protection rules by a data controller or processor; actual damage, of a pecuniary or non-pecuniary nature; a direct causal link between the violation and the damage suffered. The mere violation of the rule is not sufficient; it is necessary that a negative and concrete consequence for the data subject has resulted from it.

How is damage from personal data breaches calculated?

The quantification of damages is not automatic and is assessed by the judge on a case-by-case basis. For pecuniary damages, quantifiable economic losses are considered. For non-pecuniary damages, the assessment is more complex and is based on equitable criteria, taking into account the severity of the violation, the nature of the data (e.g., if it concerns sensitive data), the duration of the violation, the number of people involved, and the psychological distress or reputational damage suffered by the victim.

What should I do immediately after discovering a breach of my data?

It is essential to act promptly. The first step is to gather all possible evidence of the breach, such as emails, messages, screenshots, or any other relevant communication. It is advisable to change the passwords of the affected accounts and monitor your bank accounts. Subsequently, it is crucial to contact a lawyer to assess the situation and send a formal compensation claim to the party responsible for the breach. In some cases, it may also be appropriate to file a complaint with the Personal Data Protection Authority.

How much time do I have to claim damages?

The right to compensation for damages arising from unlawful processing of personal data generally expires after five years. The term begins to run from the day the unlawful act occurred or, in some cases, from the moment the victim had actual knowledge of the damage and the responsible party. However, it is always advisable to act without delay to avoid compromising the ability to effectively protect one's rights.

Request a case evaluation

If you believe your personal data has been violated and you have suffered damage, it is your right to seek justice. Studio Legale Bianucci in Milan offers targeted legal assistance to protect victims of unlawful data processing. Lawyer Marco Bianucci, with consolidated experience in the field of compensation for damages, is available to analyze your situation, explain your legal options, and assist you in the process of obtaining fair compensation. Contact the firm for an in-depth evaluation of your case.