Announcement of the Office of the Commissioner for Personal Data Protection
On the occasion of questions received by the Office of the Commissioner for Personal Data Protection regarding the implementation and supervision of the measures of the Infection Law, for the COVID-19, relevant questions and answers have been prepared to which the public can turn.
The questions - answers are posted on the website of the Office at the following address:
1. Does the employer have the right to ask me for an original or a copy of a certificate I have for rapid test or pcr or for illness with covid 19 or for vaccination?
No. I only have the obligation to inform him that I have also been tested for his result, in order for him to draw up the weekly schedule that he must follow, based on the relevant Decrees.
Also, if I wish to be exempted from undergoing the test, based on the weekly schedule, I must inform him that I have a medical certificate of illness with covid 19 last 6 months or vaccination certificate.
2. Who is responsible for checking the certificate I hold at the workplace?
In the workplace, the certificate I hold can be sampled:
(a) The Company's Safety Officer, for its purposes Occupational Safety and Health Law 1996, Law 89 (I) / 1996, as amended.
(b) Inspectors of the Department of Labor Inspection, based on the legislation of the Department.
(c) Officers authorized under the Decree dated 08/05/2021.
(d) Officials who have such authority under special legislation.
(e) Police officers.
3. Can my employer force me to get vaccinated or let them know that I have been vaccinated?
No. However, if I wish to be exempted from the obligation to take a test, based on the weekly schedule, I must inform him that I have a vaccination certificate.
4. When I go to a cafe, restaurant or hotel, do I have to show the certificate I have to the person in charge of the place?
No. The site manager can only ask me if I have a certificate and its type. However, if I undergo a sampling check by an authorized Officer or Police Officer, then I have an obligation to demonstrate it.
5. Who has the authority to control the certificate I hold, in restaurants, shopping malls, retail stores over 500 sq.m., tourist accommodation, stadiums, cafes, etc.?
Sampling checks in these areas can be carried out by Officers authorized under the Decree dated 08/05/2021, depending on their field of activity, as well as Police Officers.
6. How can I be sure that the person conducting the sampling is an authorized Officer or Police Officer?
I can ask him to show me his police or service ID.
7. Does the display of the certificate I hold constitute processing of personal data?
No. The mere presentation of the certificate to an authorized officer or police officer in the context of control, which does NOT require the recording or registration of any information in an electronic or printed archiving system, does NOT constitute the processing of personal data.
8. When is it allowed to record data listed on a certificate I hold?
Only when issuing an extrajudicial fine.
9. Does showing the certificate to an authorized Officer or Police Officer violate medical confidentiality?
No. Medical confidentiality is violated when a doctor discloses his patient's health data to an unauthorized person. The control cases, where I have the obligation to present the certificate I hold, for the purposes of compliance with the relevant Decrees or the relevant laws, do not constitute a violation of my medical confidentiality.
10. What is the role of the Commissioner's Office 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 responsibilities of the Office are limited to ensuring that the processing of personal data involved in a Decree is proportionate to the intended purpose and in accordance with the legislation on the protection of personal data.
11. Have other countries implemented anti-trafficking measures on the basis of possession and presentation of certificates?
Yes. Similar measures have been implemented in countries such as Denmark, Israel and Estonia and similar measures are intended to be taken by the United Kingdom and other countries.
12. Does the announcement that the deceased had been vaccinated violate the law on personal data?
No. The General Data Protection Regulation applies only to living natural persons. Information about the deceased is not personal data.
13. In schools, who is responsible for checking if students hold a rapid test certificate or pcr?
According to the relevant Instructions of the Ministry of Education, Culture, Sports and Youth, date 07/05/2021, who were consulted with the Office of the Commissioner, the control is done by the Chairman of the Safety and Health Committee of the school and teachers authorized by the Director. Certificates are not collected or photocopied.
14. In schools, who is responsible for checking if teachers ownrapid test certificate or pcr?
The management of the school unit.
15. What is the Digital Green Certificate?
A Regulation of the European Union adopting the Digital Green Certificate will be adopted soon. These Certificates will facilitate the movement of Union citizens traveling from one Member State to another. If I have a certificate for rapid test or pcr or for illness with covid 19 or for vaccination, I will be able to download to my device or print the Digital Green Certificate, in QR Code format. At the entry / exit points of ports and airports, there will be devices that will read the QR Code and confirm its authenticity, so that I can travel.
16. If I do not have a Digital Green Certificate, will I be able to travel?
Yes. However, I will have to check the certificates that the destination country requires to hold.
17. Will I be able to use the Digital Green Certificate in the country of destination?
No, unless required by the national law of the country of destination.
18. Is the Office of the Commissioner involved in the adoption of this Regulation?
Yes. The Commissioner, as a Member of the European Protection Council (ECHR), participated in the Public Opinion of the ECHR 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 enact legislation that will remove internal restrictions on the use of the Digital Green Certificate, an impact assessment should be carried out and submitted to its Office for prior consultation.