Fanpage interviews Attorney Cristiano Cominotto on the ATM employees’ chat
The news outlet Fanpage.it interviewed Attorney Cristiano Cominotto, Founder and Managing Partner of A.L. AdvaLux, about a case that has drawn considerable attention in Milan: a number of ATM (Milan’s public transport operator) employees allegedly shared, in a WhatsApp chat, images of women captured by the on-board cameras of trams and buses. Following a passenger’s report, the company opened an internal investigation.
In the interview, Attorney Cominotto sets out what the workers involved may face on the disciplinary, civil, privacy and, potentially, criminal levels. In particular, he points to an unauthorised use of company equipment: the on-board cameras are installed for security purposes and may not be used for different ends, as provided by Article 4 of the Workers’ Statute (Law No. 300 of 20 May 1970).
On the data protection front, Attorney Cominotto observes that the improper use of video-surveillance images may amount to a breach of the GDPR – Regulation (EU) 2016/679, potentially exposing ATM to compensation claims. He remains cautious, however, on the criminal aspects — not being a criminal lawyer — while not ruling out that offences may emerge, for instance in terms of harassment.
As for the consequences for employees, dismissal always remains the measure of last resort: before resorting to it, the employer must open a disciplinary proceeding, formally notify the worker of the alleged facts and guarantee the right of defence; a less severe alternative is disciplinary suspension. Liability, Attorney Cominotto stresses, must also be assessed individually, distinguishing between those who allegedly extracted and shared the images and those who merely commented or looked on, while bearing in mind that even passive conduct may be relevant.
Finally, Attorney Cominotto considers it unlikely that the Italian Data Protection Authority (Garante per la protezione dei dati personali) would act on its own initiative, although it could be prompted by a complaint or report from the individuals concerned. Ultimately, the case shows how the same conduct can unfold across different levels — disciplinary, civil, privacy and criminal — each with its own requirements and consequences.
A.L. AdvaLux assists companies, executives and professionals in matters of Employment Law and personal data protection.