DLP Insights

New Green Pass verification procedures: Prime Ministerial Decree published in the Gazette

Categories: DLP Insights, Legislation | Tag: Privacy, green pass

03 Nov 2021

In the Official Gazette no. 246 of 14 October 2021, the Decree of the President of the Council of Ministers of 12 October 2021 (the “Prime Ministerial Decree” or the “Decree“) was published.

The Prime Ministerial Decree, supplementing and updating the first Decree of 17 June, sets out the verification methods carried out by public and private employers, from 15 October, on the Covid-19 “Green Pass” held by employees.

The Decree explains the new Green Pass verification functions, which complement the “VerificaC-19” app already used to access places where it is mandatory to exhibit the certificate.

In the private sector, daily and automated verification of Green Pass possession can take place through:

  • SDK (Software Development Kit): an app development package that enables the integration of the Green Pass QR code reading and verification system into physical access control systems, including attendance or temperature detection systems. The SDK offers the same functionality as the “VerificaC19” app;
  • INPS Portal: provided only for employers with more than 50 employees, it allows an asynchronous interaction between the INPS Institutional Portal and the DGC National Platform. The INPS Portal – using its channels and information on employers and workers – acts as an intermediary with the DGC National Platform checking the Green Pass for those workers whose tax codes are included in the list. A designated checker can view the certificate validity of all or part of the employees. Pending the issuance and possible updating of the Green Pass by the DGC National Platform, interested parties can still use the paper or digital documents issued by public and private health facilities, pharmacies, analysis laboratories, general practitioners and pediatricians who attest or report one of the conditions for its issuance.

The checks only concern the staff in service for whom access to the workplace is provided on the day on which the verification is carried out, excluding employees absent for different reasons (e.g. holidays, illness, leave) or are  smart working.

Checking must be started at the employer’s request and made available only to authorised personnel on the employer’s behalf.

If the check’s outcome does not result in possession of a valid Green Pass, the employee may request a new verification of their certificate when accessing the workplace through the “Verifica C-19” app.

Finally, the Decree provides important clarifications on personal data protection. It specifies that when carrying out checks, the employer

  • shall not collect holder’s personal data;
  • only process the data within the limits of what is relevant and for the operations necessary to carry out the checks;
  • shall not store the certification two-dimensional bar code (QR Code), nor extract, consult, record or process for purposes other than those required, the information gathered from the QR code reading and provided because of the checks;
  • shall inform the recipients of the checks about the processing of their personal data under Art. 13 and 14 of Regulation (EU) 2016/679.

Please note that the Data Protection Authority has expressed a favourable opinion on the new Prime Ministerial Decree’s guidelines, [web. doc. no. 9707431], confirming its compliance with personal data protection regulations.

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