Time.news – Restaurateurs do not have to ask customers for identity documents to verify the validity of the green pass. But they can do so “necessarily in cases of abuse or circumvention of the rules”, such as in the case of “manifest inconsistency” of the green certification with the personal data contained therein. In any case, “the verification of possession of the green pass is a real obligation”. Late in the evening, it is the circular of the Viminale, signed by the prefect Bruno Frattasi, to clarify the doubts on the application of the dpcm of last June 17, which makes it mandatory to exhibit the green certification in order to enter public places indoors. A few hours earlier, the Privacy Guarantor, responding to a question posed by the Piedmont Region, had made it known that even restaurant and bar operators can verify the identity of their customers by asking to show the Green pass where required.
In the circular sent to the prefectures, it is stated that it is “a real obligation” to verify the possession of the green certification by those subjects who intend to access “the activities for which it is prescribed”. An obligation that falls primarily on public officials in the exercise of their functions, “notoriously endowed with the power to identify persons for control purposes established for various reasons by law.
The dpcm then contemplates other categories in the role of ‘controllers’: the personnel assigned to the control services of entertainment and show activities in places open to the public or in public establishments; the owners of the accommodation facilities and public establishments for access to which the possession of COVID-19 green certification is required, as well as their delegates; the owner or the legitimate holder of places or premises where events and activities take place to participate in which possession of the Covid-19 green certification is required, as well as their delegates “. personnel assigned to control services must deal with the prohibition of the use of weapons and objects capable of offending. As for the subjects of the accommodation facilities, the provision “also applies to the catering services provided by any establishment, for consumption at table, indoors “. Therefore, green certification is not required for services provided outdoors, for take-away or consumption at the counter”.
For shows open to the public and sporting events “the so-called stewards, that is the personnel enrolled in the appropriate lists of Quaestors, whose employment in auxiliary services of the police forces is foreseen in sports facilities, can also be considered qualified for checks”. “The verification of the identity of the person in possession of the green certification is of a discretionary nature and is aimed at guaranteeing the legitimate possession of the certification”.
And again: “If the non-correspondence between the holder of the green certification and the holder of the same is ascertained, the sanction will be applicable only to the customer, where there are no obvious responsibilities also borne by the operator”. The circular also underlines that the verification procedure “must in any case be carried out in a manner that also protects the confidentiality of the person vis-à-vis third parties”.
Frattasi recalls that “the green pass represents an instrument for safeguarding and protecting public health to avoid epidemiological conditions that might require the restoration of restrictive measures for the purpose of containing the contagion”.
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