Data protection law in compliance with the 2G Scenario

Data protection law does not prevent the fulfilment of a legal duty (in this case the verification of the 2G scenario).

In advance: Proofs / Certificates of course and examination participants will only be viewed, not stored.

Further explanation:

To start at the beginning: Certificates of compliance with the 2G scenario, whether evidence of vaccination or recovery, is health data. The processing of health data, which is considered as so-called “special category personal data (often also called “sensitive data”)” under Article 9 of the GDPR, is subject to higher requirements than the processing of “normal” personal data, such as name or email address.

However, this does not mean that the processing of health data is prohibited in principle.

According to the assessment of our data protection officer, in this specific situation Kapitel Zwei can rely on an exception from Art. 9 (2) lit. g DSGVO in conjunction with § 22 Section 1 (1) no. 1 (d) BDSG-neu, in connection with the legal obligation to check the vaccination and recovery certificates for schools. In the opinion of the data protection commissioner, § 3 of the 2nd School HygCoV-19-VO would be relevant here. According to this, the processing of special categories of personal data (i.e. also health data) is permitted if a substantial public interest makes the processing absolutely necessary. The fight against a pandemic is to be regarded as such a substantial public interest.

To summarise this more simply: According to the current Corona rules in Berlin, the 2G scenario must be observed in schools. For this, the test results or the proof of vaccination and recovery must be checked. This is stated in the Corona regulations for schools in the state of Berlin. Data protection law does not put any obstacles in the way of this mandatory control. In the applicable data protection laws, the DSGVO and the BDSG, there are extra regulations that explicitly allow the processing of health data in such a case.

Section 3, paragraph 4 of the 2nd School Hygienic Coordination Ordinance (SchulHygCoV-19-VO) also contains regulations on how long Kapitel Zwei could be allowed to keep proof of vaccination and recovery. According to this regulation, test results (2G+) could be kept for four weeks. Vaccination and recovery records could be kept as long as the obligation to prove compliance with the 2G rule still exists.