Filenews 14 May 2021
Eighteen questions concerning the application of SafePass in relation to personal data, answers Privacy Commissioner Irene Loizidou Nikolaidou.
Among other things, the Commissioner explains the controls of the measures and whether there is a breach of citizens' personal data, and even mentions what applies to the Green Pass for travel abroad.
1. Is the employer entitled to ask me for an original or a copy of my certificate for rapid test or PCR or covid 19 disease or vaccination?
No. I only have an obligation to inform him that I have also been tested for its result in order to draw up the weekly programme to be followed, on the basis of the relevant Decrees.
Also, if I wish to opt out of being tested on the basis of the weekly schedule, I must inform him that I hold a certificate of medical certificate of disease with covid 19 in the last 6 months or a vaccination certificate.
2. Who is responsible for checking my certificate at work?
In workplaces, the following may check at random the certificate I hold:
(a) The Company's Safety Officer, for the purposes of the Safety and Health at Work Act 1996, Law 89(I)/1996, as amended.
(b) Inspectors of the Department of Labour Inspection, based on the legislation of the Department.
(c) Officers authorised under the Decree of 08/05/2021.
(d) Officers having such power under specific legislation.
(e) Police officers.
3. Can my employer force me to get vaccinated or inform him that I have been vaccinated?
No. However, if I wish to opt out of the obligation to be tested on the basis of the weekly programme, I must inform him that I hold a vaccination certificate.
4. When I go to a café, restaurant or hotel, do I have an obligation to show the certificate I hold to the person in charge of the place?
No. The person in charge of the site can only ask me if I have a certificate and its type. However, if I am subjected to a random check by an authorised Officer or Police Officer, then I have an obligation to demonstrate it.
5. Who has the power to check the certificate I hold, in dining areas, shopping malls, retail shops of more than 500 sqm, tourist accommodation, stadiums, cafes, etc.?
Sampling checks in these areas may be carried out by Officers authorised under The Decree of 08/05/2021, depending on their area of activity, as well as Police Officers.
6. How can I be sure that the person carrying out a random check is an authorised Officer or Police Officer?
I can ask him to show me his Police or Service ID.
7. Does the presentation of my certificate constitute the processing of personal data?
No. The mere presentation of the certificate to an authorised officer or Police officer which does NOT require the recording or registration of any information in an electronic or printed filing system, does NOT constitute the processing of personal data.
8. When is it permissible to record information on a certificate I hold?
Only when an out-of-court fine is issued.
9. Does the presentation of the certificate to an authorised Officer or Police Officer infringe medical confidentiality?
No. Medical confidentiality is violated when a physician discloses patient's health data to an unauthorized person. Control cases where I have an obligation to display my certificate for the purpose of complying with the relevant Decrees or legislation do not constitute an infringement of my medical confidentiality.
10. What is the role of the Office of the Commissioner in relation to the constitutionality of the Decrees?
The examination of the constitutionality of the Decrees does not concern the Office of the Commissioner. The Office's powers are limited to ensuring that the processing of personal data implied by an Order is proportion to the objective pursued and in accordance with the legislation on the protection of personal data.
11. Have other countries implemented measures to remove trafficking restrictions on the basis of possession and demonstration of certificates?
Yes. Similar measures have been implemented in countries such as Denmark, Israel and Estonia and the United Kingdom and other countries intend to take similar measures.
12. The announcement that a person who had been vaccinated died violates the law of personal data?
No. The General Data Protection Regulation applies only to natural persons alive. Information about the survivors is not personal data.
13. In schools, who is responsible for checking whether pupils hold a rapid test certificate or PCR?
According to the relevant Guidelines of the Ministry of Education, Culture, Sport and Youth, 07/05/2021, which have been consulted by the Commissioner's Office, the audit is carried out by the Chairman of the School Safety and Health Committee and authorised by the Head teachers. Certificates are not collected or photocopied.
14. In schools, who is responsible for checking whether teachers hold a rapid test certificate or PCR?
The school unit's management.
15. What is the Digital Green Certificate?
A European Union Regulation establishing the digital green certificate will be adopted shortly. These Certificates will facilitate the movement of Union citizens travelling from one Member State to another. If I hold a certificate for rapid test or PCR or covid 19 disease or vaccination, I will be able to download to my device or print the Digital Green Certificate in QR Code format. At ports and airport entry/exit points, there will be devices that read the code and confirm its authenticity so that I can travel.
16. If I don't have a Digital Green Certificate, will I be able to travel?
Yes. However, I should check the certificates that the country of destination requires me to hold.
17. Will I be able to use digital green certificate in the country of destination?
Not unless the national legislation of the country of destination so provides.
18. Is the Commissioner's Office involved in the adoption of this Regulation?
Yes. The Commissioner, as a Member of the European Protection Council (EDPB), participated in the adoption of a Joint Opinion of the EDPB and the European Supervisor, to the European Commission, on the Proposal for a Regulation on the Digital Green Certificate.
Also, if the competent Ministry intends to introduce legislation that will lift internal traffic restrictions using the Digital Green Certificate, an impact assessment should be carried out and submitted to its Office for prior consultation.
