QCCL Opposes Extension of use of COVID Check in App

QCCL President Michael Cope said today “The QCCL is extremely concerned about the government’s decision to make the Check in QLD app mandatory for entry to even more venues without adequate privacy protection”

“Recently it was disclosed that Western Australian Police had had access to check-in data. Contrary to assurances of the Queensland government the same thing could happen here” said Michael Cope

Mr Cope said, “The QCCL calls on the government to, prior to extending the mandated use of the check in app, pass specific legislation limiting the use of data collected and providing for its destruction”.

Under current arrangements information collected using the Check In Qld app may be disclosed to, and used:
• by authorities with powers and responsibilities in relation to COVID-19 (and those helping them) such as the Chief Health Officer and Queensland Health (including the Hospital and Health Services) for compliance activities, and for the purposes of overseeing and managing the Queensland Government’s COVID-19 response;
• where the use or disclosure is authorised or required by law

The power to disclose the data for purposes “authorised or required by law” would permit police access to this data for non covid related purposes at the stroke of a pen by a bureaucrat.

We know this from the practice of police accessing Gocard data some years ago to make it easier to serve subpoenas, which was done on exactly that basis. Whilst processes were put in place to control such access in our view they were and are inadequate.

The government should introduce specific legislation like that introduced for the Covidsafe app to secure the privacy of Queenslanders in relation to the Check in App data. That legislation should:

1. have a defined end date, which we would suggest be should be 30 September 2021 consistent with other covid emergency legislation passed by the parliament recently.
2. specify that on that date all data currently held will be deleted.
3. Prohibit access by law enforcement to the data, including by subpoena or warrant.
4. specify that the data is only to be accessed for contract tracing purposes and no other purposes. It must prohibit secondary use or disclosure of the data.
5. specifically task the Privacy Commissioner with oversight of access to the data, including providing regular reports to the relevant Parliamentary committee.
6. Not include delegation of the primary legislation or ministerial discretion, particularly relating to the sunset period.

“QCCL strongly opposes the use of information gathered for health purposes for law enforcement or any other additional purpose, the use of the Checkin App should not be made mandatory for access to more places until this legislation is passed” says Mr Cope.


21 June 2021