Privacy concerns as cafés told to log customer details

Thursday 11 June 2020

Cafés, restaurants and other local businesses are being urged to start logging customers’ details to help with contact tracing as some open their doors to islanders for the first time in weeks as lockdown eases.

The idea was featured in draft guidance issued to businesses ahead of the island stepping down to ‘Level Two’ tomorrow (Friday 12 June).

Under the guidance, food and drink outlets, as well as a number of other public-facing services, are “strongly encouraged” to keep a “record of attendance, including requesting the contact details of customers/guests/participants where possible”.

Pictured: Food and drink services, and other public-facing businesses, are being asked to keep a "record of attendance" to help contact tracing.

It continues: “This may mean introducing a new process where previously people have not been asked to share their contact details, where proportionate and practical to do so.

“This information may be critical to support contact tracing if it is later discovered that one of the attendees had COVID-19.”

Although the guidance is not yet ‘live’, as it is still awaiting approval from Public Health officials, it is already facing some backlash.

Some have suggested it will add another burden and potential layer of bureaucracy to their operations at a time when they have already had to do so much to adapt their working practices and premises to hygiene and physical distancing requirements.

But the suggestion has also sparked concerns about privacy.

Pictured: The idea could lead to additional bureaucracy for businesses.

When Express contacted the island’s data watchdog, Deputy Information Commissioner Paul Vane said that his office had only recently become aware of the guidance and that they were now asking for more information from government on how data protection obligations would be met.

Outlining some of the considerations businesses will have to take into account, he explained that they will have to be clear with customers about the purpose of the collection of their data.

“Many businesses will already be collecting personal data for a particular purpose, for example, booking a table for a meal at a restaurant. However, collection of personal data for a different purpose (i.e. contact tracing, and sharing with Government) will not be able to rely on that same lawful basis.

“Businesses will therefore need to be clear on what lawful basis they are relying upon, both for the collection of the data, and for the disclosure to Government.” 

Pictured: Deputy Information Commissioner Paul Vane said his office is discussing the idea further with the government.

He continued: “They will also need to be careful to only collect the information necessary to satisfy the Government requirements, no more, and will need to consider what they do with that data once (and if) any disclosure is made.”

The government said it was previously exploring an app to assist with contact tracing, but progress on the idea appears to have slowed.

In the meantime, it has grown its contact-tracing team to 55 people based across four locations. 

Many of the expanded team’s staff are civil servants employed in sectors whose activities have been put on hold due to covid-19. 

The Chief Minister will be holding a media briefing at 14:00 on the island’s step down to Level Two, which you can watch live below…