The Cassation, with the sentence of 11/12/2021 n. 33809 affirms that the formatting of the company PC by the employee integrates the violation of the rights of loyalty and diligence such as to constitute cause for dismissal, as it results in the destruction of the data owned by the employer contained therein.

In this regard, the Supreme Court notes that the total deletion of data and files on the hard disk of the company computer integrates the details of the crime of information damage referred to in art. 635 bis c.p. in such circumstances, the right to confidentiality withdraws from the right to defense, in the sense that personal data can be processed even without the owner’s consent when its use serves to protect a right in court.