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