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Are you and your staff certain that you will prevent people who have not received an injection said to be a vaccine against COVID-19? Certain or not it is important that you are aware of the potential legal and other difficulties you may encounter by being a party to this controversial edict.

In the event that I am not allowed entry because I do not want to show my vaccination card, you should know the following: Vaccination in Spain and other EU nations is not mandatory. Therefore, by law, no person can be banned or otherwise discriminated against for not proving the COVID-19 research vaccination or any other disease.

Similarly, and considering that vaccination is not mandatory, if I am prohibited from entering your establishment/service due to the ‘supposed’ interpretation of non-vaccination, it would be a violation of my right to privacy, recognized in Article 18.1 of the Spanish Constitution, and of my right not to suffer discrimination, as set out in Article 14 of the Spanish Constitution, among other rights recognized as a citizen/consumer.

By discriminating against me you are collaborating with the application of discriminatory norms of social groups and you are the author of a crime. With the consequent moral damages and damages to my person.

Likewise, to be able to request this information from me, from this establishment you must be able to prove that you have the capacity to process personal data to be able to process the data that you require, as established by the Organic Law on the treatment of personal data (art. 4.2 RGPD and art. 5.1.t) RLOPD).

Personal data is sensitive in nature, as it is medical data and, therefore, private, as recognized by the Law of Autonomy of the patient (Law 41/2002).

To conclude, due to the facts presented, if the establishment persists in denying me entry, I am entitled to file a complaint form to enforce my right as a consumer, as well as a free human being that I am, file a complaint with the Police or the Court of Guard / Instruction, for the crime of Incitation to Hate, of art. 510.1 of the Penal Code, for promoting, contributing and inciting hatred and discrimination against people and social groups that do not show or have said vaccination card, with prison sentences of up to four years in prison.

I, therefore, request that you allow me to enter the establishment. Thanks for your time. I am confident that you will make the best decision. You may use whatever means you wish to copy and distribute this missive printed and published as a public service.

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