NIQB - Williams, Re Application for Judicial Review (2022) NIQB 12: Difference between revisions

Revision as of 18:59, 27 February 2022

NIQB - Williams, Re Application for Judicial Review (2022) NIQB 12

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:	16.02.2022
Published:	16.02.2022
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

Application for judicial review of an app used for checking vaccination status was denied. The court held that since the applicant was unvaccinated himself, he was not a data subject for the app and thus lacked legal standing to challenge its usage.

English Summary

Facts

Darren Williams ("applicant"), who is unvaccinated, challenged the lawfulness of using Covid Cert Check NI App (the 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 as he was unvaccinated and therefore 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.

Comment

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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.

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