The Italian SA acted against a municipality due to the use of its video surveillance system and by appointing its DPO to defend it in court proceedings

Lastly, the DPA held that the controller, by entrusting its DPO with its defence in court proceedings, placed the DPO in a position of conflict of interest in violation of Article 38(6) GDPR. This was especially because it led to the data subject feeling unable to contact the DPO with regard to issues related to processing of their personal data and to the exercise of their rights under Article 38(4) GDPR.