Germany’s COVID-19 Vaccine Mandate for Healthcare Workers Raises Concerns
In December 2021, the German Bundestag passed a law requiring healthcare workers to be vaccinated against COVID-19. The measure, which was in place until the end of 2022, led to a significant number of workers being reported to the health authorities for not having received the vaccine. This had severe consequences, including dismissals, not only in the healthcare sector but also in the fire departments of several German states.
Resistance from Healthcare Workers
According to a report by the Berliner Zeitung, over 5,500 firefighters in Berlin were affected by the vaccine mandate, with around 1,300 being reported to the health authorities for not having received the vaccine or not providing information about their vaccination status. This represents around 24% of the fire department’s workforce.
The fire department’s management sent a circular to all employees in December 2021, stating that failure to provide proof of vaccination or doubts about the accuracy of the information could lead to a ban on work or an examination by a health authority. This warning was perceived as a threat of dismissal.
Data Protection Concerns
The fire department’s handling of the situation has raised concerns about data protection. A firefighter who had not received the vaccine and had his data reported to the health authorities was initially denied access to his files. However, a colleague who had a copy of the form eventually provided the information and the firefighter was eventually granted access to his files.
The firefighter has now filed a complaint with the Berlin data protection authority, claiming that the fire department’s actions constituted a breach of the General Data Protection Regulation (GDPR). The authority has since stated that it cannot identify a breach of the GDPR.
Court Ruling
In a recent court hearing, the firefighter’s claims were upheld and the fire department was ordered to correct its responses to the data protection authority and to the original form. The firefighter’s lawyer believes that the fire department’s actions could have led to a significant financial loss and that the firefighter’s claim for damages is strong.
The implications of this ruling are still unclear, but it could have far-reaching consequences for the fire department and potentially for other healthcare institutions in Germany.