Adam Wagner Profile picture
Barrister @DoughtyStreet. Chair @EachOtherUK. Visiting Prof @GoldsmithsUoL. Author #EmergencyState. Views my own not of Doughty Street Chambers.

Sep 18, 2020, 11 tweets

🚨New emergency law requiring a huge number of businesses etc to take personal details for contact tracing and from next week display a QR Code for people to scan

Contents legislation.gov.uk/uksi/2020/1005…
PDF legislation.gov.uk/uksi/2020/1005…

Here is the explanatory note which basically explains what these do, but doesn't say who/what it applies to. See next tweet /2

Here's what it applies to - huge range of businesses etc

We will from next week have to use govt Contact Tracing app to scan QR code when we go to these places or they must take our details (and can refuse entry if not), which have to kept for 21 days for govt access /3

Usual disclaimer - regulations passed without any prior scrutiny from parliament, no public draft, no data protection impact assessment as far as I know

"No regulatory impact assessment has been provided for these Regulations."

Massive privacy and private life implications /4

My understanding from those who understand this stuff is that the QR Code system is going to involve data stored on our phones but not centrally, so that is potentially very good for privacy. Better than the pub holding your name and mobile /5

Much larger fines than the ordinary lockdown regulations. £500/£1,000 for first breach.

Also prosecution possible /6

I'm not going to set out exact detail - do read regulations+guidance

Basically you have to display a QR Codes provided by the Sec of State

If a customer scans it they don't have to give their details

If they don't scan, they shouldn't be allowed in without giving details /7

Slightly worried by the ambiguity here.

What are "all reasonable steps"? /8

Essentially:

- From next week if you want to avoid giving personal details at cafes, pubs and many other venues you will ned a govt contact tracing app on your phone
- But this is potentially good news for privacy because the app doesn't store data of your movements centrally /9

And the app relies on Google/Apple tech not NHS so that's probably a safer bet /10

If you want to understand how these regulations work and be able to navigate them yourselves I recorded this video /11

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