NOTICE OF PRIVACY VIOLATION – TRACK & TRACE / VACCINE PASSPORTS
The Facts:
The General Data Protection Regulation (GDPR – https://gdpr-info.eu/) was first introduced to the UK in May 2018 as EU legislation and on 1st January 2021 became part of UK Law following Brexit.
The Equality Act 2010 (https://www.legislation.gov.uk/ukpga/2010/15/contents) prevents any company introducing policy which could cause discrimination. High Consequence Infectious Disease (HCID) status in UK – Currently no known HCID’s in UK (https://www.gov.uk/guidance/high-consequence-infectious-disease-country-specificrisk#countries-u-to-z)
As of 19th March 2020, COVID-19 is no longer considered to be a HCID in the UK (https://www.gov.uk/guidance/high-consequence-infectious-diseases-hcid)
A business whether Private or Public must abide by GDPR regulations and the Equality Act 2010 and ignorance of the above laws will not prevent transgressors from being held liable, prosecuted and fined accordingly.
On 13th March 2020, the World Health Organisation (WHO) lowered the risk status of Sars_Cov _2 (Covid-19) to its current status of not being a HCID and the UK also downgraded Covid-19 accordingly on 19th March 2020. To be clear, this means there is no current HCID in the UK.
Unlawful measures and legislation rendering companies liable to prosecution:
On 24th March 2020, following the advice of SAGE, lockdowns were unlawfully introduced and emergency measures implemented on the basis of a non-existent HCID.
The Coronavirus Act 2020 (https://www.legislation.gov.uk/ukpga/2020/7/part/1/) was additionally enacted specifically for said HCID and which therefore also has no justification or validity for the aforementioned reasons.
There is no legal or lawful reason to request and/or record the medical data of an individual (classed as “Special Data” under GDPR) without the existence of a current HCID.
Under GDPR Article 9, companies are unable to use Article 6, 1(c) & (f) unless there is a current HCID within the UK.
Recording a name, personal telephone number or any personally identifiable data for health or medical reasons (e.g. the Track & Trace system / Vaccine Passport Verification) is classed as medical data and is thus subject to the restrictions of the use and collection of Special Data as stipulated in Article 9 of the GDPR regulations.
Conclusion and follow up actions:
Until such time as the existence of a HCID in the UK can be proved and declared, all UK companies and sole traders are therefore prohibited from recording, processing and/or storing Special Data for any reason which is founded upon the existence of a current HCID within the UK.
You are strongly advised to seek legal counsel to verify the above and then make any changes necessary within your business to ensure that you and/or your company are not held liable for breaches of the aforementioned legislation.
Dated 2nd day of August 2021.
