COVID-Safe Bill Does Not Go Far Enough

The Federal Government’s draft Bill in relation to the COVIDSAFE app contains a number of welcome features including the very strong prohibitions on people requiring another person to download the app and the involvement of the Privacy Commissioner in reviewing the system. But it does not go far enough,” says QCCL President Michael Cope.

Firstly, the Bill needs a specific Sunset date, when the legislation will be repealed automatically and the data deleted. Under the Bill, that will occur 90 days after the Minister decides that the emergency is over. That is not good enough. It is a fundamental principle that emergency legislation should be subject to a clear end date. This should not be in the hands of the Minister.

Secondly, the legislation needs to clearly set out that people are entitled to opt in and opt out of the system. Whilst the legislation says that a person can ask for their data to be deleted, it does not specify that downloading the app is not compulsory and that should a person decide to delete the app, they are entitled to do so.

Thirdly, in our view the current Bill may not stop police or other accessing the data by search warrant or subpoena. The Bill needs to specifically prohibit Courts from granting access to the data Whilst there is a role for the Federal Privacy Commissioner in assessing the system and dealing with complaints, that does not go far enough.

We are concerned that in so far as the legislation purports to give the Federal Privacy Commissioner authority in relation to State bureaucrats, the legislation might be unconstitutional. Parallel legislation needs to be passed in all the States and Territories. Further, all the State and Territory Privacy Commissioners should be authorised to conduct unannounced audits of the system and to report to the public what they find.

The Council is extremely concerned by the government’s patronising language around the use of the app. The app is meant to be voluntary, yet the government is seeking to blackmail people into using it by saying that if they don’t, they will not be able to go to the footy or the pub.

“Even worse, was the Prime Minister’s comparison of using the app to putting on sunscreen. There is no such comparison. Contact tracing is a public health intervention, not an individual health one. Comments such as this will only lead to the perception, held by some people already, that the app will protect them from the virus and the development of complacency in important matters like personal hygiene,” Mr Cope said.

The QCCL’s position is that even if the bill were perfect, we would not support the app whilst it results in the creation of a centralised database.

It is important when discussing this issue to remember that many experts doubt that this form of tracing can be effective.

QCCL calls upon all Australians to respect the decision made by fellow Australians, whatever it may be, in relation to this app.

For further information contact Michael Cope President QCCL on 07 3223 5939 during office hours and at all times on 0432 847 154.