The Office of the Personal Data Protection Authority has sent to the Chamber of Deputies of the Parliament its observations on the bill which modifies the Law n. 258/2000 ECR on the protection of public health and change of some connected legislations, as modified (hereinafter named “legislation project on covid passports”).
According to article 54, paragraph 3, letter c) of the Law n. 110/2019 ERC. On the personal data processing, the Personal Data Protection Authority has provided a declaration to the Chamber of Deputies on the bill, which the Government has presented to the Chamber of Deputies on Monday 31st of May 2021, by indicating in the process that is in a legislation emergency status.
The Covid Passport Bill will be debated into the 109 session of the Chamber of Representant which will start on the 9th of June 2021 at 15:00.
The Covid Passport Bill purpose is to adapt the juridical Czech regulation to the European one of the Parliament and the Council on a framework for the provision, verification and the recognition of interoperable vaccination certificates, tests and restore in order to facilitate the free movement during the COVID-19 pandemic (Digital Covid-19 Certificate in the European Union).
In the declaration, the Office recalls the attention on some deficiencies from the point of view of the personal data protection (impact assessment which is not sufficient according to article 35 of the GDPR and lack of respect of the procedure pursuant to article 36, paragraph 4, of the GDPR, i.e. lack of consultation in the UOOU). The declaration includes also an assessment of the unconstitutionality of the previous proposal (parliament document 1225). The previous proposal was unacceptable because of the direct conflict of the contemplated Section 69, paragraph 1, letter i) of the Public Health Protection Act with the constitutional order.