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

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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[edit | edit source]

Facts[edit | edit source]

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[edit | edit source]

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[edit | edit source]

The decision below is a machine translation of the English original. Please refer to the English original for more details.