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

3 Aug 2026

Pay Transparency: the first requests from employees are starting to arrive (Il Sole 24 Ore, 3 august 2026 – Vittorio De Luca)

Two months after the decree. Since Legislative Decree 96/2026 came into force on 7 June, according to a flash survey conducted by GIDP, 8% of HR directors have…

30 Jul 2026

Corporate controls and data protection: what balance?

A recent judgment of the Court of Pisa, No. 800 of 13 June 2026, addresses a topic of particular interest for companies: the delicate balance between the protection…

30 Jul 2026

Unfair dismissal and reinstatement: the employee must repay the payment in lieu of notice

With order no. 22187 of 28 June 2026, the Italian Supreme Court addressed the issue of whether payment in lieu of notice paid to an employee must be…

30 Jul 2026

Did you know that… an employee’s natural incapacity does not prevent the time limit for challenging a dismissal from running?

In judgment no. 23486 of 18 July 2026, the Joint Chambers of the Italian Supreme Court (i.e. “Corte di Cassazione”) held that the natural incapacity of an employee…

22 Jul 2026

An employee may not steer clients toward a competitor before resigning (Camera di Commercio Francese in Italia, 22 July 2026 – Vittorio De Luca, Silvia Zulato)

With Order No. 1723 of 26 May 2026, the Italian Supreme Court (Corte di Cassazione) confirmed the liability of an employee who, prior to the termination of his…

20 Jul 2026

Access to Naspi (Top24 Lavoro Ai – Il Sole 24 Ore, 20 July 2026 – Vittorio De Luca e Alessandra Zilla)

Regulatory Framework  The New Social Insurance for Employment (NASpI), introduced by Legislative Decree No. 22 of 4 March 2015, is the primary income support scheme for employees who…