Test and Trace programme 'breaks GDPR data law'

The Open Rights Group has argued that the government’s Test and Trace programme has broken a key data protection law.

The Department of Health has conceded that the initiative to trace contacts of people infected with coronavirus was launched without carrying out an assessment of its impact on privacy, something that privacy campaigners say makes the programme unlawful.

Having begun on 28 May, Test and Trace involves people being asked to share sensitive personal information, which can include: their name, date of birth and postcode; who they live with; places they recently visited; and names and contact details of people they have recently been in close contact with, including sexual partners.

The Open Rights Group had threatened to go to court to force the government to conduct a data protection impact assessment (DPIA) - a requirement under the General Data Protection Regulation (GDPR) for projects that process personal data. A letter from the Department of Health to the group confirmed that a DPIA was a legal requirement and had not been obtained.

Jim Killock, the grotto’s executive director, said: "A crucial element in the fight against the pandemic is mutual trust between the public and the government, which is undermined by their operating the programme without basic privacy safeguards.”

The Information Commissioner's Office said that, while it recognised the urgency in rolling out the programme, if the public were to have confidence in handing over their data and that of their friends, ‘people need to understand how their data will be safeguarded and how it will be used’. The ICO is now providing guidance to the government as ‘a critical friend’.

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This story was first published in digitalhealth.net

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