UPDATE: Unlawful collection of data concerning the personal health of pupils

UPDATE: Unlawful collection of data concerning the personal health of pupils

With the publication in the Official Gazette of the Decree Law January 7, 2022, n.1, the situation in schools has far surpassed the dystopia. The legislator once again decided to try to attack the privacy of our children by making it customary to know the vaccination status of minors.
However, the government's attempt finds limits established by the legislator himself, not without a schizophrenic proliferation of ministerial notes, but still precise boundaries have been established and these, even if unstable, must be maintained to safeguard and protect psycho-physical integrity. of our children.

The question arises from Art. 4 of Legislative Decree 1/2021, in which they tried to manage positive cases in the education, school and training system. The presence of two cases of positivity in the classroom, "for those who demonstrate that they have completed the primary vaccination cycle or have been cured for less than one hundred and twenty days or have carried out the booster dose, self-monitoring is applied, with the use of FFP2 type masks and with face-to-face teaching. For other subjects, not vaccinated or not cured within the aforementioned terms, integrated digital teaching is applied for a duration of ten days ".

Four lines in a poorly conceived Law Decree and ranks of managers and teachers have opened up to ask for the vaccination status of minors and this in defiance of any privacy law and the same article 4 of Legislative Decree 1/2021.

The difference in the management of the quarantine is valid exclusively with two cases of positivity in the classroom in secondary schools and in the system of education and vocational training, not one, not three and not even in a preventive manner, moreover it has a value for those who "give demonstration of having completed the vaccination cycle "and not necessarily for everyone. Not only that, regardless of the case in point, this data must be treated only in the moment in which there are two positive cases and by those who have the specific qualification of "Data Controller " and not by anyone!

Having said all this, we have prepared two letters to be sent via e-mail or certified e-mail to the institute / school that requested this information improperly and we explain the difference below, so that you can choose the correct path:

  1. The first letter / warning also contains contextual reporting to the competent bodies. You will then send an e-mail / pec to the institute, copying the Regional School Office (obviously you must indicate the one in your region), the MIUR and the Privacy Guarantor. The request by non-data controllers, the extra management of the case of two cases of positivity in the classroom or the mere verbal request of the vaccination status, presupposes that the data may have been collected and archived and for this reason not only is a formal warning not to request it, but the cancellation of any data held by the teacher, manager or school is also requested.
  2. The second letter / warning is valid as for the first but does not report to the guarantor. We recommend it for those who want to send it in advance, before such data have been requested.

We must strongly oppose any will to transform the school into a receptacle of illegality and excessive power of the institutions, but also to counterattack by asking and claiming to have confirmation as to whether or not data is being processed concerning the vaccination against Covid-19 of minors and / or employees, obtain access to all the information provided for by the legislation regarding the purposes of the processing and, above all, request the immediate cancellation of all data in possession since the processing of the same is unlawful.

Hold on, the moment is hard, far beyond ordinary understanding.

Corvelva Staff

PS We want to thank the Puglia Hummingbird Committee which drew up the basis for the warning.

First letter / warning

Second letter / warning



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