Council of State: The request for the Green pass is legitimate, it does not violate privacy

The Green pass request does not violate privacy and is legitimate

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This was established by the Council of State which, pronouncing itself as a precautionary measure, reaffirmed the validity and effectiveness of the implementing provisions (the Dpcm of June 17, 2021) of the system focused on Covid-19 green certification, the Green pass.

The Council, confirming the decision of the Lazio TAR no. 4281/2021, rejected the claims of 4 citizens, not vaccinated, according to which the containment mechanism of the epidemic outlined by the national legislator would lead to a prejudice to health confidentiality, in contrast with the European legislation on the protection of health data.

The precautionary decision found that, "in any case, since the actuality of the prejudice complained of by the applicants has not been demonstrated, without prejudice to the free self-determination of citizens who choose not to be vaccinated, the public interest in the implementation of the measures prevailed through the use of the Green pass, also considering its aim of progressive recovery of economic and social activities ".

In any case, it is emphasized, on the merits, the TAR will be able to deepen the issues relating to the European discipline in the field of health data.