The text of the Privacy Guarantor with which it rejects the Green Certificate
The mainstream mass media overshadowed the fact that the Privacy Guarantor completely rejected the idea of the national Green Pass for the regions.
We publish the decision published in the Official Gazette by the Privacy Guarantor. It is a very hard text and we save you from the also tough reasons, which can be summarized as follows:
- failure to consult the guarantor;
- lack of legal bases for the measure;
- violation of the data minimization principle (I collect as little data as possible)
- violation of the principle of accuracy (given that the certificate is linked to fundamental principles, they should be absolutely certain);
- violation of the principle of transparency
For these reasons, the Guarantor comes to these harsh considerations:
In light of the relevant critical issues illustrated above, it should be noted that the green certification discipline outlined by the decree-law of 22 April 2021, n. 52, is therefore not proportionate with respect to the objective of public interest, albeit legitimate, pursued, as it does not promptly identify the purposes for which it intends to use the green certification and, in compliance with the principles of privacy by design and by default, the adequate measures to ensure the protection of data, including those belonging to particular categories, at every stage of processing, and correct and transparent processing towards the data subjects (articles 5, 6, par.3, letter b), 9, 13, 14 , 25 and 32 of the regulation).
Considering that the use of green certification is operational starting from the day following the publication of the decree-law, there is therefore an urgent need to intervene in order to protect the rights and freedoms of
interested.
The regulation attributes to the Guarantor, among others, the power to issue warnings to the data controller or data processor on the fact that the envisaged treatments may likely violate the provisions of the regulation (Article 58, par 2, letter a)).
Given the high risks for the freedoms and rights of the data subjects, it is therefore necessary to warn all the subjects involved in the treatment and, in particular, the Ministries of health, of the interior, of technological innovation and of the digital transition, of the economy and regional finance and affairs and the Conference of Regions or Autonomous Provinces of the fact that the processing of personal data carried out in the context of the use of green certifications referred to in the decree-law of 22 April 2021, n. 52, in the absence of corrective measures, may violate the provisions of the regulation referred to in articles 5, 6,
par. 3, letter b), 9, 13, 14, 25 and 32. The Guarantor also believes to communicate this provision to the President of the Council of Ministers, for the assessments of competence, making himself available to promptly establish an institutional dialogue aimed at overcoming the aforementioned critical issues.
Having said all this, the Guarantor
a) pursuant to art. 58, par 2, letter a), of the regulation warns all the subjects involved in the processing and, in particular, the Ministries of health, of the interior, of technological innovation and of the digital transition and of the economy and finance, regional and the Conference of Regions and Autonomous Provinces of the fact that the processing of personal data carried out in implementation of the provisions referred to in the decree-law of 22 April 2021, n. 52, on the basis of the reasons expressed in the introduction, may violate the provisions of the regulation referred to in articles 5, 6, par. 3, letter b), 9, 13, 14, 25 and 32;
b) sends a copy of this provision to the President of the Council of Ministers for the relevant assessments;
c) pursuant to art. 154-bis, paragraph 3, of the code, orders the publication of this provision in the Official Gazette of the Italian Republic.
Rome, April 23, 2021
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The article The text of the Privacy Guarantor with which he rejects the Green Certificate comes from ScenariEconomici.it .
This is a machine translation of a post published on Scenari Economici at the URL https://scenarieconomici.it/il-testo-del-garante-della-privacy-con-cui-boccia-il-certificato-verde/ on Tue, 25 May 2021 13:53:35 +0000.