Grounds of public interest led to the rejection of the application of an employee of the Armed Forces, στην οποία είχε απαγορευτεί η είσοδος στο χώρο εργασίας της επειδή είχε αρνηθεί να υποβληθεί σε τεστ κατά του κορονοϊού.
The Advisers of the State they judged that not only is constitutional the υποχρεωτική δοκιμασία self test in the Public Sector, as well as the electonic registration of but in addition does not violate sensitive personal health data.
In her appeal the public policy official of Ministry of National Defense requested that the relevant JMC, which provides for a mandatory test once a week, be annulled as unconstitutional and illegal without first being asked if it consented to it., as a result, her sensitive personal health data is processed.
The obligation for reasons of protection of public health is constitutional
The Fourth Department of the CoA adismissed the employee's allegations as unfounded, judging that "the obligation to submit in diagnostic testing and in non-patients, as a condition for attending and providing the work, constitutes a legal restriction on the right to consent to medical matters, as it is set for the protection of public health as a social good, but also individually the life and health of all from the spread of COVID-19 and is an effective and necessary measure, in the scientifically substantiated judgment of the legislator ".
Alongside, το ΣτΕ έκρινε, that "the right to the protection of personal data δεν είναι απόλυτο δικαίωμα, but valued in relation to its function in society, weighted with other fundamental rights and social goods, in accordance with the principle of proportionality ", adding that:
"Consent is not the only basis for the legality of the processing (SS.: of personal data). On the contrary personal data may be processed lawfully and without consent of the subject, when this is necessary for the purpose of public interest in the field of public health ".