12 October 2021 The Guarantor for the protection of personal data has expressed, as a matter of urgency, a favorable opinion on the Dpcm scheme which introduces new methods of verifying the Green pass in public and private work.
The draft decree of the President of the Council of Ministers, to be adopted in consultation with the Minister of Health, the Minister for Technological Innovation and the Digital Transition and the Minister of Economy and Finance, takes into account the discussions with the Office of the Guarantor in order to ensure, in compliance with the freedom of choice in the vaccination field, both the correct fulfillment of the verification obligations by public and private employers, and compliance with the personal data protection regulations and the sector regulations , European and national, in the field of green certifications, similarly to what is already provided for the checks of the Green pass for school staff.
The scheme submitted to the Authority provides, in particular, that the verification of possession of the Covid-19 green certifications can also be carried out through alternative methods to the VerificationC19 app, such as the use of a development package for applications (SDK ), issued by the Ministry with an open source license, to be integrated into access control systems or, for public and private employers, through the use of a specific functionality of the NoiPA Platform or the INPS institutional portal. Finally, only public administrations with more than a thousand employees will be provided with an application interoperability service with the national platform-DGC.
The verification activity must not involve the collection of data of the interested party in any form, with the exception of those strictly necessary, in the workplace, for the application of the measures deriving from the lack of certification.
The system used for the verification of the green pass must not keep the QR code of the green certifications subject to verification, nor extract, consult, register or otherwise process the information collected for other purposes. With regard to the verification through the NoiPa Platform (for participating PAs), the INPS Portal (for employers with more than 50 employees who are not members of NoiPa) or through application interoperability, the national-DGC Platform will allow you to view the only information of the possession or not of a valid Green pass. Only workers actually in service for whom access to the workplace is envisaged may be subjected to control, excluding employees who are absent for holidays, illness, leave or who perform their work in an agile way.
Employees must be appropriately informed by their employer on the processing of data through specific information.
As regards the functions available on the NoiPa platform and on the Inps Portal, technical and organizational measures must be adopted to guarantee a level of security adequate to the risks presented by the treatments.
Verification through application interoperability will instead be made available to employers through a special agreement with the Ministry of Health.Keywords: opinion, privacy guarantor, pass, measures, guarantor, employers, collection, exception, verification, workplace, application, matter, data, certification, methods