CJEU case C-659/22 Ministerstvo zdravotnictví (COVID19 mobile application) – CJEU Judgment (Czech Republic, 2023)

CJEU Judgment
Court of Justice of the European Union5 October 2023Czech Republic
final
CJEU Judgment

CJEU judgment — not a DPA enforcement action

This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.

The Court of Justice ruled that the Czech Ministry of Health's app for verifying COVID certificates involves processing personal data. This matters because it clarifies how personal data can be handled during health checks. Businesses using such apps need to understand their responsibilities under data protection laws.

What happened

The Czech Ministry of Health's app for checking COVID certificates was found to process personal data.

Who was affected

Visitors whose COVID certificates were scanned by the app to access premises and events.

What the authority found

The Court held that converting QR codes from COVID certificates into readable information is considered processing of personal data under GDPR.

Why this matters

This ruling highlights that health-related data checks must comply with data protection rules. Companies using similar verification apps should ensure they follow legal guidelines for processing personal data.

GDPR Articles Cited

Decision AuthorityCJEU
Reviewed AuthorityNSS (Czech Republic)
Full Legal Summary
Detailed

During the COVID-19 pandemic, the Czech Ministry of Health made access to premises and events dependent on certain conditions, such as vaccination or a negative test. The operators of several commercial activities were required to check the fulfilment of these conditions with regard to their clients by means of a specific app developed by the government. Operators were requested to scan the COVID certificate of clients and verify with the app that the certificate was valid. An action for annulment against the decree setting these rules was brought before an administrative court. The court referred some preliminary questions to the CJEU. In particular, the court aimed to know whether the conversion of personal data from a machine-readable form (the QR code on the COVID certificate) to a human-readable one (the information displayed on the app) could be considered processing of personal data pursuant to Article 4(2) GDPR. The CJEU stressed in the first place that the concept of ‘processing’ pursuant to Article 4(2) GDPR has a very broad meaning, which is necessary to guarantee the effectiveness of the right to data protection. The verification process in the case at issue fell within such a broad scope, as it requires the use of personal data. In addition, the CJEU noted how Regulation 2021/953 – as the piece of legislation establishing common rules about the ‘EU Digital COVID Certificate’ – explicitly provides a legal basis of the verification process under Articles 6(1)(c) and 9(2)(g) GDPR. Therefore. the scanning of COVID certificates by means of an app constitutes ‘processing’ of personal data pursuant to Article 4(2) GDPR.

Outcome

CJEU Judgment

A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.

Related Cases (0)

No other cases found for CJEU case C-659/22 Ministerstvo zdravotnictví (COVID19 mobile application) in CZ

This is the only recorded case for this entity in this jurisdiction.

Details

Judgment Date

5 October 2023

Authority

Court of Justice of the European Union

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. CJEU case C-659/22 Ministerstvo zdravotnictví (COVID19 mobile application) - Czech Republic (2023). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: