Categories: Insights, Publications · News, Publications

Tag: Autorità Garante, Covid-19, trattamento dati personali


23 Feb 2021

Processing data on Covid-19 vaccination status in the employment context: FAQ(s) from the Italian Data Protection Authority (Norme & Tributi Plus Diritto – Il Sole 24 Ore, 23February 2021 – Vittorio De Luca, Martina De Angeli)

The FAQ(s) aim to support employers in the correct application of existing legislation resulting from the combination of personal data protection applicable law, workplace health and safety applicable law and emergency regulations.

On 17 February 2021, the Italian Data Protection Authority (the “Authority”) published on its institutional website some FAQ(s) (“Frequently Asked Questions”) concerning the processing of data related to Covid-19 vaccination in the work context.

First of all, the Authority clarified that the employer is not among the persons entitled to request employees to provide information on their vaccination status or, in any case, a copy of the documents proving that they have been vaccinated against Covid-19.

According to the Authority, such processing of personal health data by the employer would not be permitted either by the emergency provisions in force nor by the applicable legislation on health and safety in the workplace, currently contained in the “Consolidated Law on Health and Safety at Work” (“Legislative Decree No. 81/2008.

The FAQ(s) clarify that in the employment context not even the consent of the employee him- or herself legitimises such data processing; consent, in this case, cannot constitute a valid condition of lawfulness. This is because of the imbalance and lack of equality in the relationship between the employer, the Data Controller, and the employee (the data subject), whereby the latter’s expression of consent cannot be guaranteed to be freely given (on this point, see recital 43 of (EU) Regulation 2016/679 on the protection of personal data).

Continue reading the full version published in Norme & Tributi Plus Diritto de Il Sole 24 Ore.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

8 Apr 2026

Management of corporate email after termination of employment: the limits according to the Italian Data Protection Authority

The Italian Data Protection Authority (i.e. “Garante per la protezione dei dati personali”) has once again provided guidance on how employers should manage corporate email accounts after the…

8 Apr 2026

Oral dismissal: the burden of proof on the employee

With order no. 4077 of 23 February 2026, the Italian Supreme Court addressed the issue of oral dismissal, holding that an employee challenging the termination of the employment…

8 Apr 2026

DID YOU KNOW THAT… incompatibility between colleagues may justify the transfer of an employee? 

The Italian Supreme Court, with order no. 4198 of 25 February 2026, held that an employee’s transfer may be lawfully implemented also in the presence of a situation…

7 Apr 2026

The boundary between rest and inactivity in the management of working hours (AIDP – HR Online, 7 aprile 2026 – Vittorio De Luca, Alesia Hima)

In the organizational language of companies, terms such as “breaks,” “waiting times,” or “downtime” are often used. In operational practice, these expressions tend to be treated almost as…

17 Mar 2026

Equal pay: green light for the decree on pay equality and wage transparency (People are People, 16 marzo 2026 – Claudia Cerbone, Martina De Angeli)

Claudia Cerbone and Martina De Angeli, professionals at the De Luca & Partners firm, author this article dedicated to the draft legislative decree approved last February 5 by…

16 Mar 2026

Illegitimacy of staff leasing due to violation of the principle of temporariness (Top 24 Lavoro, 27 febbraio 2026 – Vittorio De Luca, Alessandra Zilla)

With judgment no. 4493 of December 19, 2025, the Court of Milan addressed the issue of indefinite-term labor supply (so-called staff leasing). In particular, the Court clarified that,…