Resistance is forming against the 1G obligation for Austrian Airlines flying personnel announced for March 2022, 2. A flight attendant, who claims to have recovered, lodged a complaint with the data protection authority, represented by a lawyer.
Within Austrian Airlines, around 250 cabin crew members are said to have opposed the implement the planned 2G obligation. It was recently announced that the carrier no longer wants to pay salaries to people who do not provide this proof by March 1, 2022. Due to the legal situation in Austria, which provides an expiry date for the status "recovered" unless this is refreshed by vaccination, one can speak of a de facto vaccination obligation for flying personnel. In the meantime, the National Council has decided on one for the entire population.
According to a report in the daily newspaper "Kurier", the initiator is not concerned with the pros or cons of compulsory vaccination, but with the processing of the health data of the flying personnel. These are sensitive in terms of the General Data Protection Regulation, which is why particularly strict regulations apply. Accessibility in Austrian Airlines' EDP systems is obviously a thorn in the side of around 250 flying employees.
Attorney Wolfang Schweinhammer told the Kurier: "I have lodged an extensive complaint with the data protection authority for a recovered flight attendant about violation of the fundamental right to secrecy of medical data because the AUA has started to demand the 2-G proof and this data permanently to process. The storage of this data is not covered by law”.
Due to the GDPR, the airline Austrian Airlines requires the consent of the employees for processing. For legal reasons, this must be obtained individually and can also be refused. At least in theory, because without your consent you should no longer be assigned to work from March 1, 2022 and, as a result, you should no longer be paid a salary.
According to Schweinhammer, there are concerns about the fact that the sensitive data can be accessed via the Netline/Crew system and that numerous AUA employees can therefore view it. The complaint lodged with the competent data protection authority is directed against this approach. This can issue a decision in the course of a procedure. Any side that does not agree with the decision can then sue the Federal Administrative Court. It is currently not foreseeable whether the DSB will make a decision before March 1, 2022. In any case, the process is complex.