Privacy Guarantor: Green pass does not infringe fundamental rights
Compulsory green pass, + 22.6% sickness certificates
Share
October 31, 2021 The Council of State rejected the appeals presented by some teachers against the obligation of the Green pass at school.
In two separate decrees, the Third Section, chaired by Franco Frattini, confirmed the decision of the Lazio TAR, explaining that the alleged violations of privacy "are contradicted both by the full implementation of the indications of the Privacy Guarantor" and "by the data purely technical and uncontested with credible arguments, according to which reading with a dedicated app excludes any conservation or knowledge of the personal identity data, except for the verification of the authenticity of the green certificate, an essential element when increasingly frequent cases of falsification and trading of certificates emerge false greens ".
The ruling also explains that the Green pass is not a discriminating element given that "the worker is entitled, if he does not intend to be vaccinated, to obtain the green certificate with different tests such as the rapid antigen". On the alleged individual right to health and therefore on the refusal to be vaccinated, the Council of State points out that there is an "equal right of a community of people - in this case students - whose 'right to avert possible infections' prevails because it is an expression of a component of 'public health' in the face of the teacher's right, in any case not denied at all given the admissible alternative measures to the vaccine, and of an individual nature, moreover by those who have a specific and reinforced responsibility towards their students ,which constitutes an essential component of the function (if not mission) of every teacher ".
The council chamber for the collegial discussion has been set for 11 November.