In view of the beginning of the school year, the Minister of Health had invited families to equip pupils and students with mobile phones with active Immuni, in order to allow effective contact tracing of Covid within the student community; this would be the case for the first time in the course

This particular aspect of Immuni generates a certain perplexity in those who write, since it is not revocable the doubt that contact tracing to function properly needs that all or almost all use it; and it is equally certain, besides that evident, that such result is attainable in

To explain my perplexity, it is necessary to add to the trivial reasoning on the reality of the facts just made another piece, this time of legal order.

Immuni, green light from the GDPR

Contact tracing itself constitutes a set of personal data processing and is therefore certainly subject to the application of the GDPR (General Data Protection Regulation), which has been in force for some time in all EU Member States.

According to art. 6 of this legislation the processing of personal data is lawful, and therefore allowed, both on a voluntary basis, and thus, subject to express and explicit consent of each data controller to be processed; and on a compulsory basis, in cases where such mandatoryness meets (a) the need to

But that’s not all. The Court held that the Commission had not taken into account the fact that the Commission had not taken into account the facts in the present case. 46 of the GDPR expressly specifies that both the reasons for the mandatory treatment identified above by letters a) and b) can well be considered and recalled by the authorities precisely to impose it on all members of the company, where an epidemic is to be controlled and countered.

The Italian government could have been able to legitimately impose on all citizens the activation of Immuni, thus allowing contact tracing to effectively and efficiently play its role in the containment of Covid, as unfortunately has not yet happened.

The reason for the decision to subject Immuni to the consent of every Italian citizen is therefore for the jurist an unfathomable mystery, which only the politologist could probably solve; but this is certainly not the appropriate space to carry out

Who is the lawyer Giovanni Ricci

Class 1968, classical maturity, degree in law at the State University of Milan, rapporteur prof. Alberto Santamaria, with thesis on the antitrust law of the Community in the field of radio and television. Registered to the Bar since 21 February 2002. Partner of the law firm Edoardo Ricci Lawyers, legal boutique operating in the field of corporate, commercial, competition law, contracts and civil law in general, founded by the lawyer prof. Edoardo Ricci, professor emeritus of civil procedural law at the State University of Milan until 2010, the year of his death. Giovanni Ricci, is responsible for the department of civil responsibility of the study, and has focused on health responsibility and related issues (medical malpractice). He has also gained significant expertise in the protection of personal data and in the regulation and Regulation no. 679/2016/EU (GDPR).

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