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2019 - 2020 - 2021
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Privacy (COVID Check-in Data) Bill 2021
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Adam Bandt MP
Privacy (COVID Check-in Data) Bill 2021
OUTLINE
Every state and territory in Australia has a check-in system in place to help manage the COVID-19
pandemic. People across the country are required to check-in when going about their daily lives to
facilitate effective contact tracing and to help manage COVID-19 outbreaks. The Commonwealth
Parliament should support effective contact tracing and encourage the use of check-in systems.
Disappointingly, personal data gathered from check-ins has been used by the police for reasons
unrelated to COVID-19. And despite the country wide use of check-ins, Australia does not have a
nationally consistent approach to preventing law enforcement from accessing COVID-19 check-in
data. Individual states and territories have different protections in place, with some allowing personal
information to be accessed for unrelated law enforcement purposes via a warrant, while other states
and territories have prohibited it. This inconsistency serves to undermine the effectiveness of
COVID-19 check-ins as people cannot trust that their information will only be used for contact tracing
purposes.
This Bill will introduce a ban on using COVID-19 check-in data for enforcement related activity
purposes by preventing Commonwealth, State or Territory authorities from using or providing
COVID-19 check in data for law enforcement purposes.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Item 1: Short Title
This clause provides for the Act to be cited as the Privacy (COVID Check-in Data) Act 2021.
Item 2: Commencement
This clause provides for the whole of this Act to commence the day after it receives Royal Assent.
Item 3: Act binds the Crown
This clause states that this Act binds the Crown in each of its capacities.
Item 4: Object of this Act
This clause provides the purpose of this Act. The main purpose of this bill is to support the effective
management and control of COVID in Australia by providing stronger privacy protections for
COVID check-in data to encourage public acceptance and use of COVID check-in apps and
enable faster and more effective contact tracing.
Item 5: Definitions
This clause defines terms used in the Act;
Commonwealth, State or Territory authority includes:
a) the Commonwealth or an authority or agency of the Commonwealth; and
b) a State or an authority or agency of a State; and
c) a Territory or an authority or agency of a Territory.
COVID means the coronavirus known as COVID-19
COVID check-in app means a mobile app that is made available or has been made available to
the public by or on behalf of a Commonwealth, State or Territory authority for the purpose of
facilitative COVID contract tracing. This includes a mobile app available before the commencement
of this Act.
COVID check-in data means data relating to a person that has been collected or generated
through the operation of a COVID check-in app (as defined above). This includes data that has
been collected or generated before the commencement of this Act.
COVID contact tracing means contact tracing for the purposes of preventing and controlling the
entry, emergency, establishment or spread of COVID into Australia or any part of Australia.
de-identified and enforcement related activity have the same meanings as in the Privacy Act
1988.The Privacy Act 1988 defines:
de-identified as: personal information is de-identified if the information is no longer about
an identifiable individual or an individual who is reasonable identifiable.
enforcement related activity as:
a) the prevention, detection, investigation, prosecution or punishment of:
i. criminal offences; or
ii. breaches of a law imposing a penalty or sanction; or
b) the conduct of surveillance activities, intelligence gathering activities or monitoring
activities; or
c) the conduct of protective or custodial activities; or
d) the enforcement of laws relating to the confiscation of the proceeds of crime; or
e) the protection of the public revenue; or
f) the prevention, detection, investigation or remedying of misconduct of a serious
nature, or other conduct prescribed by the regulations; or
g) the preparation for, or conduct of, proceedings before any court or tribunal, or the
implementation of court/tribunal orders.
mobile app means an app that is designed for use on a mobile device.
Item 6: Ban on using COVID check-in data for enforcement related activity
Item 6 provides that a Commonwealth, State or Territory authority must not use or disclose COVID
check-in data for the purposes of enforcement related activity.
This ban does not apply to a Commonwealth, State or Territory authority using or disclosing data
that the authority obtained from a source that is not directly or indirectly from a COVID check-in app
or de-identified statistical information.
An example is provided which outlines how data could be obtained indirectly from a COVID check-
in app and is therefore covered by the ban.
Item 7 Constitutional basis of this Act
Item 7 sets out a Constitutional basis of the Act.
Item 8 Additional operation of this Act
Item 8 outlines further bases to support and explain the operation of this Act.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Privacy (COVID Check-in Data) Bill 2021
This bill is compatible with the human rights and freedoms recognised or declared in the international
instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the bill
Every state and territory in Australia has a check-in system in place to help manage the COVID-19
pandemic. People across the country are required to check-in when going about their daily lives to
facilitate effective contact tracing and to help manage COVID-19 outbreaks. The Commonwealth
Parliament should support effective contact tracing and encourage the use of check-in systems.
Disappointingly, personal data gathered from check-ins has been used by the police for reasons
unrelated to COVID-19. And despite the country wide use of check-ins, Australia does not have a
nationally consistent approach to preventing law enforcement from accessing COVID-19 check-in
data. Individual states and territories have different protections in place, with some allowing personal
information to be accessed for unrelated law enforcement purposes via a warrant, while other states
and territories have prohibited it. This inconsistency serves to undermine the effectiveness of
COVID-19 check-ins as people cannot trust that their information will only be used for contact tracing
purposes.
This Bill will introduce a ban on using COVID-19 check-in data for enforcement related activity
purposes by preventing Commonwealth, State or Territory authorities from using or providing
COVID-19 check in data for law enforcement purposes.
Human rights implications
This bill engages the right to privacy in Article 17 of the International Covenant on Civil and Political
and Rights and advances the right to privacy by providing stronger privacy protections for COVID
check-in data.
Adam Bandt MP