The posting on the condominium notice board of a notice calling a meeting containing information about a condominium owner who is in arrears with the payment of condominium fees was recently judged to be a violation of privacy.
This behavior may lead to a claim for damages against the condominium owner concerned, as established by order no. 29323 of the Court of Cassation of 7 October 2022.
But what exactly does the law say about the management of personal information within a condominium? And what are the rules for using condominium noticeboards?
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The case of the Court of Cassation
The case in question concerns a lawyer, a condominium owner in a building, who was damaged by the publication of a notice of a condominium meeting, which indicated his debt position relating to an injunction for unpaid condominium fees. The notice was posted on a condominium noticeboard, visible also to his potential clients, causing damage to his professional reputation.
In the first instance, the Court of Bari had rejected the lawyer’s request for compensation, holding that:
- The notice had already been communicated to the condominium owners in another way.
- The information did not constitute a breach of sensitive personal data.
- The damage to privacy had not been proven.
The Court of Cassation, however, overturned this ruling, arguing that the public exposure of a single condominium owner’s default constitutes a violation of the right to privacy and that damage to reputation must be compensated.
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The privacy code and the rules for the processing of personal data
The Privacy Code (Legislative Decree 196/2003) establishes that the processing of personal data must respect the principles of proportionality, relevance and non-excess with respect to the purposes for which the data is collected.
This principle is fundamental in the condominium context, where the management of personal information must be rigorous, avoiding exposing sensitive data in spaces accessible to third parties outside the condominium.
According to the Court of Cassation, it is not permitted to use condominium spaces, such as notice boards, for the communication of personal data of individual condominium members, since this entails an undue dissemination of such data and, consequently, civil liability pursuant to Articles 11 and 15 of Legislative Decree 196/2003.
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What can be put on the condominium notice board?
The Court of Cassation has clarified that, while guaranteeing the right of each condominium owner to know the condominium obligations of others, the administrator cannot post information regarding individual debt positions in common areas such as the condominium notice board.
This type of communication is considered a violation of privacy, as it exposes personal data to potential viewing by third parties, who may not have the right to know them.
Information on the condominium debts of individual condominium owners can be communicated in other ways, such as during the condominium meeting or in the annual report, but never publicly. Each condominium owner has, however, the right to request information on the accounting situation of the condominium, including any arrears, directly from the administrator, without this information being disclosed indiscriminately.
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Limits in communicating personal data in condominiums
The Court of Cassation reiterated that, to ensure transparency in condominium management, it is legitimate to inform other condominium owners about the debt positions of certain individuals, but only in a proportionate and pertinent manner.
These communications must be made in compliance with confidentiality and may be made through appropriate channels, such as the condominium meeting or at the specific request of an interested condominium owner.
The public posting of arrears on a notice board exposed to third-party access, however, exceeds these limits and constitutes an excess in the processing of personal data. This is because it makes public a situation that should remain confined to the strictly condominium context, thus leading to an abuse in the use of personal information.
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Compensation for damage to reputation
The decision of the Court of Cassation also underlined the importance of reputation protectionespecially in cases like that of the lawyer involved.
The publication of sensitive data, such as condominium arrears, can cause damage not only financially but also to the professional reputation of the interested party, especially if the information is displayed in places accessible to potential customers or other outsiders.
According to art. 15 of the Privacy Code, non-pecuniary damage, such as damage to reputation, can be compensated. In this specific case, the Court considered proof of unlawful conduct sufficient to establish the damage suffered, recognizing that the violation of personal data had a negative impact on the lawyer’s professional life.
The court will now have to determine the amount of compensation in an equitable manner, proportionate to the injury suffered.
