The request by the authorities to get vaccinated against Covid-19, which is sent by post, does not meet with approval from everyone. The data protection authority assures that it will fulfill its task and check the content of every single entry.
Under the heading “Your personal appointment for the COVID vaccination is here!”, Numerous people in Austria have been asked in recent weeks to be vaccinated against Covid-19. the National Council Health Committee had approved a corresponding information campaign and an extended free vaccination offer. the Fundamental rights lawyers explained the legal irrelevance of such invitations to vaccinations. Report24.news reported.
Like Futurezone magazine now in its article Vaccination opponents flood the data protection authority with letters of complaint reports the data protection authority received more letters or complaints in the last few weeks than in the entire previous year. Its head Andrea Jelinek confirmed the connection with letters from various senders in which “the Covid vaccination is referred to”. The complainants object to the linking of the data stored in the central vaccination register with their own (address) data for the purpose of requesting vaccination.
Possible admissibility of the letter and complaint to senders
The data protection authority provides up-to-date information on your website as follows (highlighted by the editorial staff):
„The data protection authority points out that the dispatch of the information letter could be permissible, in particular through § 750 ASVG. According to § 750 ASVG, the umbrella organization of social insurance agencies is entitled
- People and their eligible relatives who were assigned to the COVID-19 risk group on March 1, 2021 and who have not yet received a vaccination against SARS-CoV-2 by April 1, 2021, about their increased risk of developing COVID-19 get sick, and to inform about the possibilities of using the free vaccination against SARS-CoV-2, as well as
- People and their relatives who are entitled to benefits who have not yet received a vaccination against SARS-CoV-2 by November 22, 2021, about the risk of getting seriously ill with COVID-19 and the options for using the free vaccination against SARS-CoV-2 to inform.
If the official examination procedure shows that the dispatch of the information letter is covered by this or another legal provision, the rejection of a complaint can be expected.
Information on requests for information to the data protection authority
The data protection authority is currently receiving a large number of requests for information as a result of sending information letters about the COVID-19 vaccination. The data protection authority only stores your personal data if you contact the data protection authority. If you have not yet been in contact with the data protection authority, the data protection authority will inform you that no data relating to you will be processed (“negative information”).
The data protection authority points out that it has no knowledge of the data processing of other bodies.
If you therefore request information about the processing of your personal data in connection with the receipt of an information letter about COVID 19 vaccination, you must contact the respective office that sent the information letter.“
If you want to complain to the data protection authority despite possible legal coverage or want to contact the sender of the information letter directly, you will find it in Download area the Fundamental rights lawyers corresponding sample letter before. These are reproduced below
Sample letter to the data protection authority
To the
Data protection authority of the Republic of Austria
Barichgasse 40-42
1030 Wien
…., am ……….
By E-Mail [email protected]
Regards:
Complaint against the sender of the enclosed vaccination request
due to violation of the fundamental right to secrecy in accordance with Section 1 (1) DSG
Ladies and gentlemen
With a letter from the following senders
Health Service of the City of Vienna
Thomas-Klestil-Platz 8/2
1030 Wien,
Employees’ health care institution
of the City of Vienna – KFA
Schlesingerplatz 5
A-1080 Vienna
BVAEB insurance company public employees,
Railways and Mining
Josefstädter Strasse 80
1080 Wien
Austrian health insurance company
Haidingergasse 1
1030 Wien
SVS Social Insurance Institution for the Self-Employed
Wiedner Hauptstrasse 84-86
1051 Wien
I was invited to a vaccination appointment on … in … (location) – A copy of the document is attached.
I have the urgent suspicion that this invitation is based on the inadmissible disclosure and processing of my specially protected personal health data (Art. 5, 6 and 9 GDPR), especially since Section 750 ASVG is only the umbrella association of social insurance agencies, but not authorities or regional authorities grants the right to corresponding data processing and links and also § 21 of the Health Telematics Act does not provide for any access authorization. Likewise, there is no application of Sections 8 and 10 DSG.
I therefore request that the violation of fundamental rights be ascertained, that data processing be prohibited in accordance with Section 22 Paragraph 4 DSG and that a fine be imposed in accordance with Section 22 Paragraph 5 DSG.
With great respect
…..
Sample letter to the sender of the invitation:
Awarded to
Health Service of the City of Vienna
Thomas-Klestil-Platz 8/2
1030 Wien
Employees’ health care institution
of the city of Vienna – KFA
Schlesingerplatz 5
1080 Wien
BVAEB insurance company public employees,
Railways and Mining
Josefstädter Strasse 80
1080 Wien
Austrian health insurance company
Haidingergasse 1
1030 Wien
SVS Social Insurance Institution for the Self-Employed
Wiedner Hauptstrasse 84-86
1051 Wien
…., am ……….
Reference:Your letter:
»Your personal appointment for the COVID vaccination is here!«
Dear Ladies and Gentlemen,
I have received a letter with the above subject, on which you are listed as a signatory or sender by quoting your logo, among other things. I kindly ask you, on the basis of Art. 15 GDPR, to inform us which personal data will be processed by you, with information on:
– processing purposes
– Category of personal data
– Recipients or categories of recipients to whom you have disclosed or will disclose my personal data
– Duration for which you intend to store my personal data.
I also assume that I have the right to correct or delete the data relating to my person and processed by you, or to restrict processing, or to have a right to object to this processing. Contrary to legal obligations, you have not yet informed me of this legal claim.
I politely ask you to send me a copy of all data relating to my person that is the subject of your processing.
Please send your answer to my postal address listed above. This is the address that you also used for your cover letter to me mentioned above.
In conclusion, I would like to state that I am making this request in particular because I am amazed that you obviously have data about me and on this basis make the claim that I have not been vaccinated against COVID. Your »vaccination request« is also surprising because you do not have personal health data about me that would enable you to assess whether a (further) COVID vaccination is suitable and recommended for me or whether there are contraindications . If you have such data, I refer to the statements above and expect a copy of the data collected and processed by you in this regard.
Finally, I would like to point out that according to the GDPR you are obliged to process this letter within one month of receipt or to inform me within this period that you need up to two more months to answer my request. Incidentally, you are also obliged to answer this letter if you are of the opinion that you do not have to respond to this request; you must also provide me with information on this and a reason in accordance with the GDPR within one month.
I will therefore note the receipt of a reply from you
[Fügen Sie hier ein Darum ein, das vom Tag des Versands gerechnet ein Monat in der Zukunft liegt]
before.
Kind regards
…
