Members of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) have an exchange of views with the European Data Protection Supervisor (EDPS) and the European Data Protection Board (EDPB) on the Digital Green Certificate allowing safe and free movement during the pandemic. The Certificate would constitute a proof that a person has been either vaccinated against COVID-19, received a negative test result, or already recovered from the disease. The document should be free, and available in digital or paper format. MEPs warned emphasised the need for strong data protection safeguards on personal and medical and warned that those who have not been vaccinated must not face discrimination. Opening statement by Wojciech WIEWIOROWSKI, European Data Protection SupervisorThis transcription speech is the result of an automatic process. Check against delivery.

Brussels

European Data Protection Supervisor (acronyme)

exchange of views

meeting

Committee on Civil Liberties, Justice and Home Affairs

LÓPEZ AGUILAR, Juan Fernando (S&D, ES)

healthcare safety (T)

Coronavirus outbreak (T)

vaccination strategy (T)

EU covid-19 certificate (T)

COVID-19 digital certificate - exchange of views in LIBE Committee with the EDPS/EDPB: opening statement by Wojciech WIEWIOROWSKI, European Data Protection Supervisor

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Thank you, Mr. Chairman. Dear LIBE members. Mr. Commissioner, I will use this few minutes to present the opinion of the European Data Protection Supervisor and the European Data Protection Board, although the document has been delivered to the parliamentarians. But I think there are certain things to talk about. And I am also ready to answer all the questions.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, The European Data Protection Supervisor and the European Data Protection Board have been called to issue the joint opinion. And this time the joint opinion on the commission proposal for digital green certificates has been prepared in just two weeks time, in 14 days, by all the data protection commissioners in Europe, together with the European Data Protection Supervisor.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Given the sensitivity of the legislative proposal at stake, the role of our institutions as independent advisers have been even more important. I have to start with the comment to the fact that the commissioner said that this is not a vaccination certificate. I actually have to say that we do not understand this certificate as an immunity certificate. And that is the most important for us because we would have a lot of problems with having such a name.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, We have the name, which is Digital Green Certificate, which does not say too much, but we recognise that this is the vaccination recovery and health certificate and that is what I will stay with. Why? Why so? Well, personally, I have a long considered immunity passport as being highly problematic due to the lack of the evidence, scientific evidence, and the high risk of stigmatisation and discrimination and exclusion.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, We strongly believe that the introduction of immunity passports could also create the direct incentive to self infection. We welcome then the fact that we are talking rather about the facts. So the vaccination, the tests that have been done and the answers that attest to whether or not the individual has undergone the vaccination. Vaccination passports have existed for a long time and have been used for entirely legitimate purposes.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, However, this does not mean that we should not think carefully about when and how the vaccination certifications shall be used in the context of current health crisis. From the very beginning. From the start. I have also advocated for due caution when reflecting on the specific use cases in which the certificates like that should be allowed to be used.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, The situation in which the vaccination certificate would need to be provided e.g. for travelling or the social life activities, and necessarily need to be identified, and particularly since the present vaccination against covid is voluntary in the member states. Moreover, at present, the extent to which the vaccine is widely available may also impact the extent to which the use of the certificates as preconditions may be fair.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Finally, some individuals, due to circumstances beyond their control, such as health conditions, serious allergies, age, may not be eligible for the covid-19 vaccination. And let's start with saying that this concerns pregnant women, for example. So it means that we have to have the alternative. And that's how I understand it. We have the vaccination, but we have alternatives that are given, at least the test, one does not create the concerns.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, When looking at the commission proposals, we must remain mindful on the nature of the data being processed, which provides information concerning the personal health, which is by itself the special category of data. In our joint opinion, the EDPB and EDPS have acknowledged the legitimate objective of the proposal of harmonising the documentation relating to issuance, verification, acceptance of these certificates within the European Union with the aim to enabling the free movement of citizens between the EU member states.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Discussing about this proposal our supervisory authorities in the field of data protection, we had to respect our terrain and advise only on privacy and data protection issues, not moving towards the political discussion and the social dispute on expectations of Europeans as far as the management of these expectations.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Nevertheless, we have to say that even from the data protection point of view, the system is safe. Its operations should not lead to the creation of the false expectations, we cannot spread the fake safety assurances which are not founded in the solid, proven knowledge. Despite the current emergency situation caused by the covid-19 pandemic and the fact that the proposal provides for three types of certificates: the certificate for resonation, the testing and recovery, which creates some doubts, the recovery one.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Mainly if we think about the lack of harmonisation or what does it mean the recovery. The joint opinion have clearly stated that the European Data Protection Board and the European Data Protection Supervisor insist on the observance of the principles of effectiveness, necessity, proportionality and non-discrimination, which the commissioner has stressed as one of the main points that the commission was dealing with.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, And I have to acknowledge that the people who are working on that in the commission had enormous knowledge about the data protection. There seems to be, however, little scientific evidence supporting the fact that having received the vaccine or having recovered from the covid-19 grants any kind of immunity and as a consequence, how long it lasts. And that is a very important part.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Moreover, there are still critical unknowns regarding the efficiency of the vaccination in reducing the transmission. In any event, we have underlined that the proposal should lay down the clear and precise rules governing the scope of application of the green certificates and impose the necessary safeguards so that the individuals whose personal rights is affected have the sufficient guarantees that data will be effectively protected against the risk of discrimination.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, While we have acknowledged that any possible further use of the framework and the digital green certificates other than one facilitating that the right to free movement between the member states falls outside the proposal of the commission. Which, by the way, me personally, I treat as a kind of lost opportunity. I know it's extremely hard from the legal point of view, but the situation in which we create the mutual recognition system at the place where we could create the real framework is a little bit lost opportunity.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, And we have to, however, say that, as the commissioner also stressed, that any further use of the framework and the personal data related to it in the member states have to require the members on the member state level the respect Article seven and eight of the charter that must be in compliance with GDPR, including the Article six four.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, We have called for the proposal to expressly provide that the access to subsequent use of the data by the member states once the pandemic has ended, is not permitted under the proposal and provide the clear indications in this regard. At the same time, we have also highlighted that the application of the proposed regulation must be strictly limited to this covid crisis and that restrictions imposed shall not apply to other emergencies after the ongoing pandemic is over.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Last but not least, the joint opinion provides the specific data protection related recommendations dealing with various issues like the need for the clarification of the categories of the personnel that are involved in the processing, the adoption of adequate technical and organisational privacy and security measures. In the context of the proposal, and specifically in the identification of the controls and processes, data storage and international data transfers, which is not done in the proposal as we have it right now.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, All in all, the joint opinion acknowledges the need to enhance the right to free movement within the EU member states and positively assesses the efforts of the commission to propose the framework that respects the privacy and data protection. At the same time, the joint opinion adequately reflects the doubts and the concerns on the respect for the fundamental rights of citizens. When the system which has been created to allow the free movement of people inside the union would be used for the other purposes on the other ground.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, We call for the respect for the principles of necessity, proportionality and effectiveness wherever and however the certificates are used. And in this regard, we hope that you might also agree with our recommendation and ensure that these are fully reflected in the final text of the regulation. Amongst the lessons we learnt from covid-19 crisis is that the respect of fundamental rights must be our guiding light.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, Europeans have a right to move, have a right to travel, but they also have a right that their data is used to prove their commitment to make Europe healthy and safe the continent. But they also have a right to know what is really certified by the certificate. And they also have a right to trust and not only be mutually accepted. And let me say it clearly, this is a political decision. What we do here, that's a decision because we want to we want to have our possibility to travel back.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, That is why the commission did not decide about the further uses. At the same time, this proposal, which is awarding those who took the actions that the governments promote to fight with the covid is not fighting with the covid itself. So this is not anti covid measure. This is the measure where we agree that there might be even higher risk if the people travel. But we prefer to have our rights back, even if they create some of the risks.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, So we are assessing that this proposal is going in the right direction and only by fighting with the things that we lost in Europe. I said at the previous presentation here in the LIBE Committee that I've been robbed out of one of my rights, which was the right to be European.

SOUNDBITE (Original), Wojciech WIEWIOROWSKI, European Data Protection Supervisor, I thank you for the attention. I look forward to any questions that you may have and let me stress again from the privacy point of view, we think that this is a well-prepared proposal, although we have to understand that this is the political decision, what we do here, not a decision about fight with the covid.