Italian Highest Court Held Internet Hosting Providers Have no Duty of Surveillance under Privacy Law on Uploaded Material

On February 3, 2014 the Italian Court of Cassazione deposited the full text of the decision with which on December 17, 2013 it acquitted Google managers of the crime of unauthorized data processing (it was a case of cyber-bullyism).  The Court held that managers of an Internet hosting provider are not criminally responsible because the provider has no duty of surveillance on material uploaded by users, who are the only ones responsible for the privacy crime. Service provider is only liable if it knew about the violation and did not obscure the material promptly. See (in Italian) Cass. 5107/2014


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