EU: EDPB and EDPS adopt joint opinion on Digital Green Certificate proposals
The European Data Protection Board ('EDPB') and the European Data Protection Supervisor ('EDPS') released, on 6 April 2021, a joint opinion on the European Commission's proposals for a Digital Green Certificate. In particular, the proposals seek to facilitate free movement within the EU by establishing a common framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, testing, and recovery certificates.
The joint opinion outlines that the use of Digital Green Certificates must not result in the direct, or indirect, discrimination, of individuals and must be fully in line with the fundamental principles of necessity, proportionality and effectiveness. Furthermore, the joint opinion states that the proposal should contain appropriate safeguards and expressly state that any access to, and subsequent use of, individuals' data by EU Member States is not permitted once the pandemic has ended. In addition, the joint opinion includes a number of recommendations for further clarifications, including in relation to the role of the European Commission, the categories of data concerned, the identification of data controllers and data processors, data storage periods, and data transfers.