Bavaria: Data protection officials clarify questions about the exemption from the mask requirement
Anyone who is exempt from the mask requirement must be able to prove this. Bavaria’s top data protection officers have now summarized what must be in this proof and who is allowed to control it in a joint paper. It is also about the question of whether the evidence may be stored, as the state commissioner for data protection, Thomas Petri, in Munich and the state office for data protection supervision in Ansbach announced.
The current Infection Protection Measures Ordinance states: “People who can make credible that it is not possible or unreasonable for them to wear a mask due to a disability or health reasons are exempt from the mask requirement, as long as this is done immediately on site, in particular by submitting a written one medical certificate in the original can be proven. “This must contain the full name, the date of birth and specific information about why the person concerned is exempt from the obligation to wear.
As the data protection officers say, further information has been expected in the certificate, namely the professional-medical assessment of the clinical picture (diagnosis) and the Latin name of the disease. On the other hand, it is not enough to simply write “health reasons”. District administrative authorities, the police or schools are authorized to control. However, they are obliged to keep silent about the content of the certificate.
Restaurateurs or retailers could ask customers to wear a mask, but would not have the right to view the evidence. To do this, they might have to call the police. In certain cases, the evidence of exemption from the mask requirement should be stored, for example in schools, where this would then apply for a longer period of time.