TL;DR for the DPO
The right of access cannot be blocked by saying 'someone else's data is in there'. You must find the solution that satisfies the requester while limiting the impact on third parties: here, a transcript with the agent's identifying details redacted. Outright refusal is the last option, not the first.
The three points that matter
- The presence of third-party data is not an automatic ground for refusal: Art. 15(4) protects others' rights but requires assessing them concretely, not invoking them as a formula.
- The format can change: the request was held satisfiable with a transcript instead of the audio file. A practically useful point, since delivering a redacted transcript is often easier than editing audio.
- Context matters: the conversation took place in a professional setting and concerned a supply contract. The agent's confidentiality, speaking in the course of their duties, does not cover the content of the call.
What to do now, in practice
For clients who record calls (call centres, support, telemarketing, bookings): 1) check the access-request procedure expressly covers audio recordings, not just documents; 2) decide in advance HOW delivery happens: a redacted transcript is the route indicated; 3) establish who performs the redaction and within what time, so as to stay within the one month of Art. 12(3); 4) review the notice: it must state that calls are recorded, for what purposes and for how long; 5) train customer service staff to forward the request rather than refuse it on the phone.
Why it matters for your clients
Almost every company with a customer service line records calls, and almost none has planned what to do when someone asks to hear them again. The reflex is to refuse. This decision says that is not enough: a procedure is needed, and it is needed before the request arrives. It is a quick check that prevents a complaint that would be very easy to substantiate.
Official source:Italian Data Protection Authority - proceedings against Enel Energia S.p.A., newsletter no. 549 of 16 July 2026Looking for a workspace for your DPO work?
DPO Workspace is built by a certified DPO. 30-day free trial.
Start free
