• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
easy GDPR - we make compliance with GDPR easy

easyGDPR

We make implementing General Data Protection Regulation Easy

  • Home
  • Services
    • Software
      • easyGDPR Quickcheck
      • (DEP) easyGDPR lite
      • (DEP) easyGDPR Standard
      • Data Subject Requests
      • Sophos
    • IT Security
    • network checkup
    • SME digitization funding
    • Data protection consulting
      • Data protection
      • Cybersecurity
    • Training
      • Data protection
      • Cybersecurity
  • Partner
    • Resellerprogramm
    • Affiliate programm
  • GDPR
    • GDPR News
    • FAQ
    • GDPR Decisions
    • GDPR penalties
    • GDPR legal text
  • Shop
  • Contact
    • Contact
    • Newsletter registration
  • Login
    • Shop / Affiliate Program
    • easyGDPR Software
  • German
  • English

2022-0.263.348 (D485.009), Request for prior consultation under Article 36 of the GDPR regarding the COVID-19 mandatory vaccination law.

28/10/2022 by Jakob Guggenberger

A service provider in the health care sector argued that it was being discriminated against by the Federal Act on the Obligation to Vaccinate against COVID-19 (COVID-19-Impfpflichtgesetz – COVID-19-IG), BGBl. I No. 4/2022 as amended by BGBl. I No. 22/2022, on the data controller for the personal processing of exemptions from the general COVID-19 vaccination requirement in the Central Vaccination Register and for the transmission of vaccination data and exemptions to the Minister of Health (inter alia, for imposing penalties on non-vaccinated persons). In the course of the COVID-19-IG review process, no data protection impact assessment had been conducted. The high risk could also not be contained by appropriate measures. The data protection authority would be asked to decide whether or under which circumstances the processing activities provided for in COVID-19-IG can be carried out in compliance with the GDPR.

By decision of 21.4.2022, the data protection authority rejected the request for prior consultation, as the requirements for this were not met. The concerns raised by the data controller essentially relate to the legal basis of the intended data processing with regard to its feared unconstitutionality or illegality under EU law. However, the alleged unconstitutionality or unlawfulness of a law cannot be the subject of a consultation procedure primarily because, in the case of data processing provided for by law, it is not at all possible for a data controller to influence it and to factually mitigate any residual risks. The powers of a supervisory authority are also aimed at being able to exert a de facto influence on data processing. The competence to decide on the unconstitutionality of a law or to examine whether it complies with Union law does not lie with the supervisory authority.
The decision is not legally binding.

Source: DSB Austria

Category iconGDPR Decisions

Primary Sidebar

IT-Security Whitepaper Downloaden
  • German
  • English
  • Data Protection Statement
  • Terms and Conditions
  • Imprint
  • Licence terms for easyGDPR
  • GDPR terms
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking "Accept", you consent to the use of ALL the cookies.
SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non Necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.

functionality

Diese Art von Cookies erhöht die Benutzerfreundlichkeit unserer Website. Beispielsweise wird darin die von Ihnen ausgewählte Sprache gespeichert. Auch die Verfügbarkeit von Videostreams und sonstigem Inhalt kann von diesen Cookies abhängig sein. Wenn Sie diese Cookies ablehnen, ist die Benutzerfreundlichkeit eingeschränkt.

Save & Accept