Medical certificate stating whether or not COVID-19 has been passed. It is what, with the arrival of the so-called new normality, some establishments and transports are demanding their clients and users to be able to contract or make use of its services. A practice that in the vast majority of cases is not legal. Until the World Health Organization (who) recommends to take with caution this immunological passport.
"There is insufficient evidence of the efficacy of antibody immunity for guarantee the accuracy of this passport"In addition," people who assume they are immune to a second infection because they have been discharged may ignore public health advice. Therefore, the use of such certificates can increase the risks of continuous transmission, "explains the WHO.
However, when it comes to taking a plane, going to train at the gym, having a drink in a bar or nightclub, or returning to the workplace, many are finding that require a certificate that proves that either the coronavirus has not passed or that it has passed and is already negative.
Is it a legal practice? From the online legal services platform Reclamador give a resounding answer: "Not". In the case of companies, it may be necessary to pass a test to return to carry out the activity in person, especially when you are going to have contact with the public. But the condition of having passed COVID-19 "It cannot be a mandatory condition to formalize a contract," they explain.
The same is true in bars, restaurants, nightlife establishments, gyms or group classes, which cannot ask their clients to demonstrate that they are immunized from the virus when formalizing a reservation or in order to access their services. "It is illegal to demand to know who is still at risk of being infected or contagious"they emphasize. Travelers also do not have to declare their state of health in order to make a flight, so airlines cannot request this immunity passport. Another different thing is the controls that are carried out in the terminals of the airports, ordered with the competent health administrations.
The basis for all this is in the General Data Protection Regulation (RGPD). "Article 9 expressly prohibits the disclosure of data relating to the health of a natural person. Section 2.g of the same article establishes the exception for reasons of essential public interest, as long as it is proportional to the objective pursued, always respecting in essence the right to data protection and establishing adequate and specific measures to protect the interests and fundamental rights of the data subject. It will therefore be necessary to see how these certificates or passports are proposed or articulated to maintain the balance of the provisions of the Regulation, "the platform details.
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