Index – Hungary – Attila Péterfalvi: the use of the vaccination card requires an international consensus



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The government decided last week to introduce a coronavirus protection card. Has the National Authority for Data Protection and Freedom of Information initiated an investigation in this regard based on your own considerations?

Yes, of course we looked at the card, and indeed data protection issues arose when the epidemic broke out last spring, at the European level, which is why the European Data Protection Board asked the authorities of the Member States to inform about any application or legislation that was made. to fight the virus. Even then, we began to think about the privacy concerns that could arise in connection with the introduction of a vaccination card. So we were not unexpectedly affected by the draft regulation, which we also discussed.

One of the essential elements of these was that it was necessary to prove not only vaccination but also the fact of protection with the license. We have thoroughly examined the regulation and I can say that as signed by the Prime Minister, it does not raise data protection issues, especially since the vaccination certificate still works today, as the administration of serum is still recognized on paper. In other words, the protection certificate is not new in this sense, simply because it is made of plastic and carries the identifiers of the certificates that will be necessary for its use. Some examples are passports and identity cards.

So the vaccination certificate won’t contain an electronic data storage, a chip? Will it be a simple plastic sheet?

Yes. The plastic card must indicate in writing the personal identification data and the vaccine received. And if you have not been vaccinated but are protected, you must be shown which test results show that you have been infected with a coronavirus, which protects you for some time, and includes the term of protection. And there will also be an optically readable data storage code on the card that also contains the data on the card.

Where and who will request the card? What are its possible uses?

I think this will really be the really exciting question about the ID card. Obviously, a lot depends on whether there will be legislation in this regard. By the way, I think so

Some uses can be considered national competition, but not all, just think of international travel.

In other words, it would be appropriate to have a global or EU consensus on this in some respects, apart from, for example, use cases where someone uses a market service, such as a gym or theater rental, and if it can be admitted. . However, these cases may raise issues of equal treatment or discrimination. If this is not regulated by law, our authority will obviously have to issue guidelines.

Do you think that someone without a vaccination certificate could even be at a disadvantage?

I do not think. Rather, I think the fact of vaccination may be more of an advantage. Let me give you an example: if an employee is in contact with people as a result of their work, it can obviously be an advantage to have protection against a coronavirus. The truth, however, is that these are very sensitive issues due to these aspects of discrimination, so it would be convenient to resolve all this with mandatory legislation.

So, would an international regulation be ideal? After all, a lot of people would use the card to travel …

Sure, that would be nice. I am thinking of a minimal European regulation, but there is also little European regulation for international travel, which means that a global agreement would be needed, because, for example, an airline carries passengers within Europe and abroad. In other words, it would be very inconvenient for the passenger to travel with one airline, but the other would no longer be willing to return home. We really need a consensus.

The European Commission would not oppose an EU vaccination card

The president of the European Commission has been open to the introduction of a possible EU vaccination card. Speaking to an Athens newspaper, Ursula von der Leyen welcomed the Greek Prime Minister’s initiative to provide an official certificate to those who have been vaccinated against the coronavirus and to travel freely in possession of the card. However, the Commission President added that regulation at European level would be worth discussing when a significant part of the population has already been vaccinated.

An application will also certify protection in the Electronic Health Services Area. The application shows the name of the vaccinated, the TAJ number, the time of vaccination, the type of vaccination, the fact of protection against infection or the lack of it. Is the National Authority for Data Protection and Freedom of Information concerned in this regard?

No. It is not because the application cannot access more data than specified on the card. That is to say, it is ruled out that any person can maliciously “browse” the health data of the interested party.

Finally, when are the first certificates expected to be issued?

Expected from March.

(Cover image: Vaccination card against the coronavirus epidemic. Photo: Zsolt Czeglédi / MTI)



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