NIQB - Williams, Re Application for Judicial Review (2022) NIQB 12
| NIQB - Williams, Re Application for Judicial Review (2022) NIQB 12 | |
|---|---|
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| Court: | NIQB (United Kingdom) |
| Jurisdiction: | United Kingdom |
| Relevant Law: | Article 5(1)(a) GDPR Article 6(1)(f) GDPR Article 9(2) GDPR Article 35(3) GDPR Article 35(7) GDPR Section 8 Data Protection Act 2018 25Q Public Health Act (Northern Ireland) 1967 Section 64 Data Protection Act 2018 |
| Decided: | 16 February 2022 |
| Published: | 16 February 2022 |
| Parties: | Darren Williams |
| National Case Number/Name: | Williams, Re Application for Judicial Review (2022) NIQB 12 |
| European Case Law Identifier: | |
| Appeal from: | |
| Appeal to: | Unknown |
| Original Language(s): | English |
| Original Source: | BAILII (in English) |
| Initial Contributor: | Mitali Kshatriya |
The High Court of Justice in Northern Ireland Queen's Bench Division denied the application for judicial review of an app used for checking vaccination status, since the applicant's unvaccinated status precluded them from being a data subject with regards to the app, and thus lacked legal standing to challenge its usage.
English Summary
Facts
The applicant, Darren Williams, who was unvaccinated, challenged the lawfulness of using Covid Cert Check NI App to check people’s vaccination status before granting them entry into public places.
Holding
The court refused to grant leave to apply for judicial review on the grounds that the applicant was not a data subject for the app. It argued that as someone who had not been vaccinated, the applicant would never be subject to the processing about which he complained. Therefore, he had no legal standing.
The court further observed that the question whether or not the data processing by the app is necessary has substance. However, the court did not deem it fit to answer the question as elected representatives are best suited to assess public interest such as the public health interests in question.
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English Machine Translation of the Decision
The decision below is a machine translation of the English original. Please refer to the English original for more details.
