Green pass, ping pong fra Viminale e Privacy

` – Managers and operators are obliged to verify possession of the green pass, while the verification of documents is discretionary: it is not always mandatory, but they can do so “necessarily in cases of abuse or circumvention of the rules”, such as in the event of a “manifest inconsistency” of the green certification with the personal data contained therein. It is the circular of the Interior Ministry to clarify the doubts on the application of the Prime Ministerial Decree of last June 17, which makes it mandatory to exhibit the green certification in order to enter public places indoors.

A few hours earlier, the Privacy Guarantor, answering a question posed by the Piedmont Region, had made it known that even restaurant and bar operators can verify the identity of their patrons by asking to show the Green pass where required.

In the circular sent to the prefectures, it is stated that it is “a real obligation” to verify the possession of the Green pass by those subjects who intend to access “the activities for which it is prescribed”. An obligation that falls primarily on public officials in the exercise of their functions, “notoriously endowed with the power to identify persons for control purposes established for various reasons by law.

The dpcm then contemplates other categories in the role of ‘controllers’: personnel assigned to control services for entertainment and show activities in places open to the public or in public establishments; the owners of accommodation facilities and public establishments for which the possession of Covid.19 green certification is required, as well as their delegates; the owner or legitimate holder of places or premises where events and activities are held to participate in which possession of Covid.19 green certification is required, as well as their delegates “.

As for the subjects of the accommodation facilities, the provision “also applies to catering services provided by any establishment, for consumption at the table, indoors“. Therefore, green certification is not required for services provided outdoors, for take.away or consumption at the counter”.

For the shows open to the public and sporting events “The so.called stewards, that is the personnel enrolled in the appropriate lists of the Quaestors, whose employment in auxiliary services of the police forces is foreseen in sports facilities, can also be considered qualified for checks”. “The verification of the identity of the person in possession of the green certification is of a discretionary nature and is aimed at guaranteeing the legitimate possession of the certification”. And again: “If the non.correspondence between the holder of the green certification and the holder of the same is ascertained, the sanction will be applicable only to the customer, where there are no obvious responsibilities also borne by the operator”. The circular also underlines that the verification procedure “must in any case be carried out in a manner that also protects the confidentiality of the person vis.à.vis third parties”.

By Editor

Leave a Reply