Additional information for employers on verifying Recovered-Vaccinated-Tested (RVT) compliance

06 October 2021

Our law firm has recently prepared an article with information for employers regarding the verification of RVT compliance of its employees (the article is available here). Below you can find some subsequently given guidelines of the Information Commissioner.

There are many questions regarding the compliance of government ordinance with the Constitution, to which the Information Commissioner stresses that any interference with the right to privacy (which processing the data to determine the RVT compliance is) should be regulated by law and not just regulatory provisions. In view of this the Information Commissioner filed an initiative with the Constitutional Court to review constitutionality and legality of the Ordinance (meanwhile, on September 30, the Constitutional Court suspended the implementation of a government Ordinance on the RV condition for employees in State Administration Authorities - link to news here), but until the decision of the Court, all government ordinances are valid and must, as such, be respected. Since an Ordinance currently requires that the RVT condition is mandatory for employees, this means that the employer may inspect the proof regarding the fulfilment of the RVT condition of the employee, as this is necessary for the purposes of exercising rights and obligations from the employment relationship (Article 48 of the Employment Relationships Act - ZDR-1).

Since there are often visitors or users of services present at the employer's premises (in addition to employees), it is necessary, in accordance with the currently valid Ordinance, to verify the complance with the RVT condition for them as well, while applying the same principles regarding protection of sensitive personal data as mentioned in the previous article (the principle of data minimisation should be followed, only authorized persons should have access to the data and visitors should be informed of who processes their data, why they process them and what specific data they process), wherein proofs should not be stored but he can only be inspected. It is also important to point out that when verifying the compliance with the RVT conditions for visitors and users of services, it is also allowed to inspect a document that proves authenticity (i.e. an identity card).