Written query of the vaccination status as an admission requirement for the general meeting violates the GDPR
Bögelein and Dr. axmann Rechtsanwälte’s data protection complaint in accordance with Art. 77 DSG-VO was successful. The Bavarian State Office for Data Protection Supervision complains of the data protection violation by the responsible board member in accordance with Art. 58 Para. 1 d) GDPR.
The background to the complaint by the data protection supervisory authority was as follows:
An association invites you to the general assembly in the open air. The invitation was obviously only aimed at completely vaccinated people, the “others” are in fact almost excluded and marginalized. From the invitation to the general meeting: “Due to Corona, only a limited number of places are available for those who are not or not fully vaccinated; (…) Your details will be checked in the entrance area of the event, please bring your vaccination card with you as proof. “
According to the present decision of the Bavarian State Office for Data Protection Supervision, this procedure is unlawful, since a complete control of all persons present by (written) query of the vaccination status was not covered by the GDPR.
“The State Office for Data Protection Supervision has rightly reprimanded the board’s data protection violation. Both clubs and companies will have to observe this requirement in the future. Furthermore, in our opinion, due to the fact that a vaccination cannot completely prevent the transmission of the virus, an improvement in vaccinated to unvaccinated people is not justified in the meantime, scientifically confirmed. On the contrary, if one wants to achieve the goals of the Infection Protection Measures Ordinance, both vaccinated and unvaccinated people have to test themselves before attending the meeting, ”explains lawyer Bögelein the decision of the Bavarian State Office for Data Protection Supervision.
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