DATI PERSONALI COME “MONETA”. NOTE A MARGINE DELLA SENTENZA TAR LAZIO N. 260/2020

The article carries out some reflections arising from the analysis of an innovative ruling of Tar Lazio (judgment n. 260 of 10 January 2020) in the matter of “social network contract”. The ruling sets an original precedent insofar as it qualifies the consent to the processing of personal data given for access to a social network service as the consideration of the contract. Having reported the case from which the sentence originated and the essential logical-argumentative passages of the ruling, attention will be focused on the debated issue of the legal nature of consent to the processing of personal data. After observing that the ruling does not expressly take a position on the point, it will be illustrated the arguments on the basis of which it is believed to adhere to the minority thesis which qualifies the consent to the processing of personal data as a juristic act.