CORONAVIRUS TASKFORCE UP-DATE - Prohibition to entry into the retail buildings, facilities or premises of the employer without proving a negative test (as of 1 November 2020)
The Public Health Authority of the Slovak Republic by the decree No.: 16 of 2020 during its effectivity from 2 November 2020 (05:00) to 9 November 2020 (01:00) ordered to all operators of the public and private buildings, structures and facilities, including buildings of the public authorities which are operated for both commercial and non-commercial purposes and employers to impose a prohibition to entry of persons into such buildings, structures and facilities or into the employment, with the exception of persons who meet the specified conditions:
- proof by the negative result of the RT-PCR test conducted from 29 October 2020 to 1 November 2020 or by a medical certificate issued by the Ministry of Health of the Slovak Republic with a negative result of the antigen test during national wide testing called (the “Joint Responsibility”)
- proof by the negative result of the RT-PCR test or antigen test with negative result during the national wide testing conducted from 28 October 2020 to 30 October 2020 in case of persons of crisis apparatus, civil servants, rescuers, security management staff, crisis infrastructure protection, etc.
- members of rescue and security forces or armed forces during the performance of their tasks
- proof by the negative result of the RT-PCR test conducted during the period between 2 November to 9 November 2020
- children under ten years of age
- proof by a document of overcoming the COVID-19 disease in less than 3 months ago or a person diagnosed with COVID-19 disease during the period from 1 August 2020 to 15 October 2020
- persons whose medical conditions does not allow to conduct a test
- a person who has been ordered home isolation or has been incapacitated for work due the quarantine during the national wide testing called the Joint Responsibility
- a person entering into the nearest retail from that person’s place of residence for the purpose of purchasing essential necessities
- persons entering the facilities for the purpose of conducting a test for COVID-19 disease
- persons entering the place where wedding, baptism or funeral takes place (ceremony only)
- first grade pupil during the entrance into the school
- a person entering into the medical facility for the purpose of an urgent medical examination or preventive check
- a person entering into the medical facility for the purpose of taking over the certificate of exemption
We are of the opinion that the operator of the buildings, structures and facilities and the employer is obliged to check the fulfilment of the conditions for entry (for example requiring to submission of the relevant documents/certificates), we do not recommend preventing persons physically from entering (at most alert the municipal police or national police).
Denial of entry to the employee by the employer is considered a procedure due to non-compliance with occupational health and safety requirements.
The operator of the buildings, structures and facilities is also obliged to situate a visible notice of prohibition to entry and its exceptions according to the decree on all entrances. A sample of such notification is sent in the attachment.
Please note that the Office for Personal Data Protection issued preliminary views on Friday 29 October 2020 and Saturday 30 October 2020 stating that the issued decree does not provide a sufficient legal basis for the processing of personal data from the point of view of the GDPR. Nevertheless, we are of the opinion that the obligations specified in the decree of the Public Health Authority should be fulfilled by the obligatory of building, structure and facility operators and employers. The reservations of the Office for Personal Data Protection are of a formal nature and at the same time we do believe that the protection of public health performs major and more important function than the protection of the personal data of the data subject. However, we do expect an amendment to both the decree and the views of the Office for Personal Data Protection, about which we will inform our clients.