Compulsory vaccine for teachers stopped by the Privacy Guarantor: no proscription lists
At present, without a new legislative intervention, there is no right on the part of the principals and administrative staff to request the vaccination status of the teaching staff. This point has been clarified in the FAQ, the new national legislative instrument, by the Privacy Guarantor, which states that even with the teacher's consent it is possible to exceed the limit to the dissemination of personal data:
" Regulations on the protection of health and safety in the workplace nor by the provisions on health emergencies. The employee's consent cannot constitute, in these cases, a condition of lawfulness of data processing. The employer can, on the other hand, acquire, based on the current regulatory framework, only the judgments of suitability for the specific job drawn up by the competent doctor ".
Therefore, without a change of a legislative nature on the characteristics of eligibility, the principals cannot make proscription lists that divide the teachers who are vaccinated from those who are not. Only those who have direct contact with dangerous biological agents, ie medical personnel, can be subjected to the obligations. So the basic assumption to be able to create a school vaccination obligation for teachers falls: how is it possible for a principal to distinguish vaccinated from unvaccinated teachers? All this, of course, pending a ruling by the Court of Cassation or the Constitutional Court on the matter.
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The article Vaccine mandatory for teachers stopped by the Privacy Guarantor: no proscription lists comes from ScenariEconomici.it .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/vaccino-obbligatorio-per-i-docenti-stoppato-dal-garante-della-privacy-niente-liste-di-proscrizione/ on Wed, 25 Aug 2021 09:45:32 +0000.