Court told Covid vaccine passports breached data protection regulations

Confidential personal information was unlawfully obtained by the Covid certification scheme operated in Northern Ireland’s hospitality sector, the High Court heard.
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Lawyers for an unjabbed Carrickfergus man claimed vaccine passports were imposed in breach of data protection regulations and put him off going out over the Christmas period.

Darren Williams, 40, is seeking to judicially review the Department of Health over an allegedly “draconian” policy introduced as part of attempts to curb the spread of the virus.

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Even though proof of Covid-19 status to enter bars, restaurants and cinemas has now been scrapped, the requirement remains for access to nightclubs and larger events seating more than 500 people.

Covid vaccine passport schemeCovid vaccine passport scheme
Covid vaccine passport scheme

Separate proceedings already before the court centre on allegations that the passport scheme discriminates against the unvaccinated.

But Mr Williams’ challenge is focused on how checks were carried out at venues by scanning customers’ QR codes.

His barrister, Conan Fegan, argued that sensitive personal data was being processed without considering feasible alternative methods of checking vaccination status.

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With Mr Williams concerned about potential misuse of his medical information, the court heard he stayed away from bars and restaurants over the festive period.

Following submissions Mr Justice Colton reserved judgment on his application for leave to seek a judicial review.

Outside court Mr Williams’ solicitor, Ciaran O’Hare of McIvor Farrell, said: “My client’s case is that the scanning and processing of personal medical data is intrusive and a step too far.

“He is very disappointed that these, in his view, drastic and draconian measures have been brought into law.

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“Like everyone else, he is acutely aware that there is a global pandemic, but (believes that) a person’s Covid status is special category data under Article 9 GDPR and this means it requires extra protection as the individual’s private health information.”

Mr O’Hare added: “It is his view that vaccine passports have simply been brought in to put pressure on people to get the vaccine, and not enough consideration has been given as to how data is being processed.”