The Council of state refused the appeal against the judgement of the T.A.R. Lazio, which denied a protective order for suspension of the mandatory use of so-called Green Pass, in order to exercise certain activities as introduced by the Decree of the President of the Council of Ministers of 17th June 2021. The decision stresses the importance of the vaccination as one of the UE measures for citizens’ health protection, as well as the evaluation of a real or a merely potential risk of security in processing of sensitive data, or in ensuring right to privacy and non-discrimination.

This paper sets out the legal framework adopted in Italy for performing diagnostic tests for SARS-CoV-2 and for containing SARS-CoV-2 contagion, by analysing the consequences of their application and reviewing the decisions taken on this point by the Regional Administrative Courts in the framework of monocratic precautionary procedures.