Comunicato Stampa: no al “fai da te“ per la raccolta dati su sintomi e informazioni concernenti il coronavirus

Il Garante per la protezione dei dati personali, con un comunicato pubblicato sul suo sito ufficiale, ha ricordato che la finalità di prevenzione dalla diffusione del Coronavirus deve essere svolta da soggetti che istituzionalmente esercitano queste funzioni in modo qualificato.
È stato altresì precisato che l’accertamento e la raccolta di informazioni relative ai sintomi tipici del Coronavirus e alle informazioni sui recenti spostamenti di ogni individuo spettano agli operatori sanitari e al sistema attivato dalla protezione civile, che sono gli organi deputati a garantire il rispetto delle regole di sanità pubblica recentemente adottate.
Pertanto, secondo il Garante per la protezione dei dati personali, i datori di lavoro devono astenersi dal raccogliere, anche attraverso specifiche richieste al singolo lavoratore o indagini non consentite, informazioni sulla presenza di eventuali sintomi influenzali del lavoratore e dei suoi contatti più stretti o comunque rientranti nella sfera extra lavorativa.
L’autorità ha ricordato anche l’obbligo del lavoratore di segnalare al datore di lavoro qualsiasi situazione di pericolo per la salute e la sicurezza nei luoghi di lavoro.
A riguardo, sono state richiamate le indicazioni fornite dal Ministro per la Pubblica Amministrazione sull’obbligo per il dipendente pubblico e per chi opera a vario titolo presso la P.A. di segnalare all’amministrazione di provenire da un’area a rischio. In tale quadro il datore di lavoro può invitare i propri dipendenti a fare, ove necessario, tali comunicazioni agevolando le modalità di inoltro delle stesse, anche predisponendo canali dedicati.
Sul datore di lavoro permangono anche:

  • l’obbligo di comunicare agli organi preposti l’eventuale variazione del rischio biologico derivante dal Coronavirus per la salute sul posto di lavoro;
  • gli altri adempimenti connessi alla sorveglianza sanitaria sui lavoratori per il tramite del medico competente, come, ad esempio, la possibilità di sottoporre a una visita straordinaria i lavoratori più esposti.

Per approfondire

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