In a landmark decision on December 7, 2023, the Supreme Administrative Court (NSS) declared that the checks conducted through the “čTečka” app during the coronavirus pandemic were in violation of the law. The verdict, unveiled at the end of November, emphasized that the inspection process facilitated access to sensitive personal health data, raising significant privacy concerns.

Launched in June 2021 by the Ministry of Health under the leadership of Adam Vojtěch (for ANO), the “čTečka” application garnered over 1.4 million downloads. The primary purpose of the app was to collaborate with another application, “Tečka,” to verify the infection-free status of users entering designated facilities.

The complainant, challenging the extraordinary measure implemented by the Ministry of Health in late 2021, argued that proving infection-free status amounted to an infringement of privacy rights. The individual contended that sharing health status information with controllers violated privacy protections. Specifically, the complainant questioned the obligation to disclose health status data as a customer of services such as hairdressers and catering establishments, asserting an inappropriate interference with the right to privacy protection.

The dispute originated from an incident at an aquapark, with the complainant describing similar intrusions when seeking accommodation services for himself and his family. Access to the aquapark was denied based on the health status verification.

The NSS, in a decisive move, sided with the complainant, ruling that the Ministry of Health’s order was contrary to the law. The verdict emphasized that the ministry should have been aware that the inspecting party gained access to personal data present in the certificate of the individual undergoing inspection. The ruling underscores the delicate balance between public health measures and individual privacy rights, setting a precedent for the handling of health-related data during pandemic responses.

Article by Prague Forum