This article is taken from the Press Release of the Privacy Guarantor of 1 March 2021.
Covid: Privacy Guarantor, no to "vaccination passes" to access premises or use services without a national law
With the arrival of anti-Covid-19 vaccines, the opportunity is being discussed about the opportunity to start implementing solutions, including digital ones (e.g. apps), to respond to the need to make information on being vaccinated or not as a condition for '' access to certain premises or for the use of certain services (eg airports, hotels, stations, gyms, etc.).
In this regard, if it is intended to resort to the aforementioned solutions, the Privacy Guarantor draws the attention of public decision-makers and Italian private operators to the obligation to comply with the regulations on the protection of personal data.
The data relating to the vaccination status, in fact, are particularly delicate data and their incorrect treatment can cause very serious consequences for the life and fundamental rights of people: consequences that, in this case, can result in discrimination, violations and illegitimate compressions of constitutional freedoms.
The Guarantor therefore believes that the processing of data relating to the vaccination status of citizens for the purpose of accessing certain premises or the use of certain services, must be the subject of a national law, in compliance with the principles of data protection. personal data (in particular, those of proportionality, purpose limitation and data minimization), in order to achieve a fair balance between the public interest to be pursued and the individual interest in confidentiality.
In the absence of this possible legal legal basis - on whose compatibility with the principles established by the EU Regulation the Guarantor reserves the right to decide - the use in any form, by public entities and private entities providing services for the public, of apps and passes intended to distinguish vaccinated citizens from unvaccinated citizens is to be considered illegitimate.
The matter will be the subject of a forthcoming report to Parliament.
Rome, 1 March 2021