Law 165/2021 has made some interesting changes to articles 1 and 3 of DL 127/2021 regarding the control of green certifications in the workplace.

The first interesting change is the one that authorizes public and private workers to submit a written request to the employer, stating their willingness to provide a copy of a valid Green Pass to the person in charge of data protection treatment and thus to be exempted from the obligation of daily checks.

Such request is followed by the subsequent delivery of the green certificate in a sealed envelope to the person authorized to process the data and to store in it in accordance with Articles 32-34 of the GDPR.

As a direct consequence of what has just been stated, it will be necessary to provide for a new modification of the data protection documentation and, specifically, the register in which the new treatment adopted in place will be noted.

Another novelty concerns the particular case of expiry of the green pass during the course of work, a very unusual case and which is not followed by the sanctions provided for in Articles 9-quinquies, paragraphs 7 and 8, and 9-septies, paragraphs 8 and 9 of Decree 52/2021. It is worth clarifying that in such an event, the worker is entitled to remain in the workplace and exempt from controls only for the time strictly necessary for the completion of the shift.

However, the above changes have not met the approval of the Data Protection Authority who, in a ruling issued on December 13, 2021, highlighted the considerable risks connected with these simplifications in relation to the acquisition of a copy of the green certificate, especially in working contexts, pointing out that failure to check the validity of the green pass on a daily basis could result in the circumvention of public health purposes.

To know more information, please contact:

Thomas Paoletti

Alessio Masala

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