Despre legalitatea prelucrării prin consultare în cursul stării de alertă a unor date cu caracter personal de către unităţile de alimentaţie publică: certificatul digital al UE privind COVID
About the Legality of Processing Some Personal Data by Consultation during the State of Alert by Catering Establishments: EU Digital COVID Certificate

Summary/Abstract: In the current pandemic context, in addition to the efforts to limit the spread of the new coronavirus, the protection of individuals with regard to the processing of personal data must not be neglected either. During the state of alert, in order to implement the measures provided by Law no. 55 of 15 May 2020 on some measures to prevent and combat the effects of the COVID-19 pandemic, the Government adopts decisions. These measures may be instituted for the purpose of protecting the rights to life, to physical integrity and to the protection of health, including by restricting the exercise of other fundamental rights or freedoms. The Government Decision no. 990 of 17 September 17 2021 imposed on economic operators in the food sector an obligation to process, at least by consultation, data contained in the EU Digital COVID Certificate, that is, including health data. However, as we will show in the present analysis, this Government Decision breaches the constitutional and legal framework in which one can act in application of a text of law. By regulating an obligation to process sensitive personal data, thus directly restricting the exercise of the fundamental right to the protection of personal data, but also the right to privacy, regulated by the Constitution, such measure is illegal since this restriction can only be regulated by law, as a formal act of the Parliament, so not by a Government Decision.

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