It is about questions about “data processing in the context of compulsory vaccination in the central vaccination register”. And it is precisely because of these questions that the mandatory stab against Corona will fail, according to ELGA. The devastating verdict: Not feasible, not proportionate, not suitable and questionable in terms of data protection.
According to “Heute”, it is reported that the COVID-19 Vaccination Law has made ELGA responsible for “the personal processing of exceptions to the general COVID-19 vaccination requirement in the central vaccination register” and “the transmission of vaccination data and exceptions to the Minister of Health under other things to impose penalties on non-vaccinated people”.
The COVID-19 vaccination obligation can only be proportionate if, among other things, they are suitable and necessary. However, that is not the plan at the moment, according to the summary. The suitability does not exist “because only an irrelevant proportion of unvaccinated people will be vaccinated due to the vaccination requirement”.
In addition, it cannot be assumed with certainty that the normal bed capacities in the hospitals will be overloaded; if the omicron variant prevails, an overload of the intensive care bed capacities of the hospitals can be ruled out. After all, there is already an immunity rate of more than 90 percent in Austria and scientific arguments only shed light on medical safety, “but ignore the social dimension of a general obligation to vaccinate.
The obligation to vaccinate is also associated with “considerable risks”, such as the “polarization of society, the overloading of public administration, a large potential for disputes in labor law, a general loss of trust in public health measures or an irreversible loss of trust in ELGA due to the imposition of penalties on the basis of health data”. Conclusion: “An obligation to vaccinate against COVID-19 is therefore not proportionate under the given circumstances, which is why – as a further consequence – the processing to implement the obligation to vaccinate COVID-19 is also inadmissible.” In conclusion, the ELGA will therefore “not carry out a positive data protection impact assessment”.