Covid Certificates being checked at club entrance.

Covid Certificates being checked at club entrance.

29-09-2021Teresa Ayuga

The Supreme Court has ruled that making the Covid Certificate compulsory for entry to nightclubs does not violate privacy laws, paving the way for its ratification by the Superior Court of Justice of the Balearic Islands.

The Balearic Government submitted a request for mandatory use of the Covid Certificate for entry to clubs and discos as a condition for nightlife venues reopening on October 8.

The TSJIB Chamber rejected the measure in August, ruling that it was only necessary for access to nursing homes.

Covid Certificates have been required in Galicia since July, but authorisation was not sought until August. It was rejected by the High Court on the basis that it violated equality, privacy, free movement and data protection rights.

Two weeks ago, the Supreme Court overturned that decision ruling that it was "the only effective measure possible to proceed with the opening of entertainment venues."

"The measure of exhibition of certain documents for entry into establishments in which there is a large influx of people, such as nightlife, is adequate and in accordance with the requirements derived from health protection,” stated the ruling. “Entry to place these places is voluntary and no essential activities are carried out, to which one is obliged to attend."

The court also found that the need for a Covid Certificate for entry did not violate equality because unvaccinated people are allowed to enter as long as they have an antigen test.

In terms of privacy, the ruling stated:

“It does not seem coherent that this right should cede in the face of inspections of the tax inspection or the investigation of paternity and nevertheless it is preferred in the face of such serious and devastating circumstances for life and health public like Covid.”

The Court also considered the measure proportionate:

"The benefit provided by this measure is much higher than the sacrifice involved in the requirement to present the documentation. Of course the safest measure is closure, however it could cause nightlife to lead to concentrations on public roads,” the ruling stated.

In August, the Supreme Court invalidated the Covid Certificate for leisure venues in Granada but no temporary limit was imposed on the measure nor was it graduated based on the level of risk or spread of the disease.

In the coming days, the TSJIB will decide whether a Covid Certificate is mandatory for entry to clubs, discos and big events in the Balearic Islands.

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