Stephen Andrew – statement on Queensland’s COVID app
Here is some important information regarding the COVID-19 Check In Qld App
- The use of COVID-19 Check In Qld App is NOT MANDATORY for people entering business and or conducting business transactions. It is not compulsory for an individual to physically write their contact details on paper provided by a business. Check in Qld Privacy Policy – https://www.covid19.qld.gov.au/check-in-qld/privacy
- Providing your name and place of residence verbally is required.
- CONSENT – It is NOT MANDATORY for people to provide CONSENT for businesses to keep private information electronically.
- PRIVACY – Relevant Qld Department CHDE is not responsible for any loss as a result of your use, or your inability to use, Check in Qld. This includes any loss, damage, cost or expense, including loss of profits or income, loss or denial of opportunity, loss of use and loss of data.
- If you do not agree with the COVID-19 Check In Qld App Policy then do not use Check in QLD.
- The COVID-19 Check In Qld App is not compulsory or mandatory for human beings. However, providing your name and place of residence is required by law when a police officer is asking for your identity. You can provide this information verbally. Businesses are required to record and store that information electronically, however you may advise that you do not consent to this. Any coercion by an individual or business against a human being in order to force the usage of electronic devices and/or consent to having personal details recorded on an electronic device, is breaking our constitutional law. See Australian Privacy Act 1988 Sect. 94H, Australian Bio Security Act Section 60, Australian Bio Security Act Section 61.
Just some feedback (22/07/2021) – the url shown at the end of point 1. above goes to a page that “is no longer available”.
Thanks for a great post.
Thanks for that pick-up. Address has changed. Should work now.
When I walk into Caneland Shopping Centre there is a QR code at entrance and then a QR code at every business within the Centre. Why is this necessary
“You can provide this information verbally. Businesses are required to record and store that information electronically, however you may advise that you do not consent to this.”
So if I say I don’t consent to my information being recorded electronically, does that mean they can refuse my entry or not?
https://www.health.qld.gov.au/system-governance/legislation/cho-public-health-directions-under-expanded-public-health-act-powers/business-activity-undertaking-direction
quoted from above url
Restrictions on Businesses, Activities and Undertakings Direction (No. 29)
Summary
Effective from: 6pm AEST 8 October 2021
PART 3 – OBLIGATION ON INDIVIDUALS
Obligation on individuals to provide contact information
18. A person who enters a premises for a restricted business, activity or undertaking specified in Schedule 1 must at the time of entry provide the person’s contact information to the operator of the business by:
a. using the Check in Qld App;
or
b. providing their contact details to the operator of the business to be registered using the Business Profile mode of the Check In Qld app;
or
c. if another method of collection is being used under paragraph 13, using that method.
PART 4 – PENALTIES
A person to whom the direction applies commits an offence if the person fails, without reasonable excuse, to comply with the direction.
Section 362D of the Public Health Act 2005 provides:
Failure to comply with public health directions
• A person to whom a public health direction applies must comply with the direction unless the person has a reasonable excuse.
• Maximum penalty—100 penalty units or 6 months imprisonment.
Comment: each penalty unit currently worth $137.85
https://www.qld.gov.au/law/fines-and-penalties/types-of-fines/sentencing-fines-and-penalties-for-offences
Schedule 2 Definitions
For the purposes of this Public Health Direction:
Contact information means the information collected by the Check in Qld app or, if another collection method is permitted under this Direction, the name, phone number, email address, and the date and time of attendance of guests, patrons and staff.
My Comments: If I can recall correctly installing the QLD govt QR code app required inputing data about the user which I was not entirely comfortable with though I went through the process, after doing so I thought hmmm better check the privacy policy.
https://www.covid19.qld.gov.au/check-in-qld/privacy
Your responsibilities. there remains a risk that your personal information collected by the app may be stored in another country through your phone’s cloud backup service. (i.e. iCloud backup)
Privacy obligations
CHDE is responsible for handling your personal information in accordance with the Information Privacy Act 2009 (Qld). But, while CHDE will exercise reasonable care, CHDE is not responsible for any loss as a result of your use, or your inability to use, Check In Qld. This includes any loss, damage, cost or expense, including loss of profits or income, loss or denial of opportunity, loss of use and loss of data.
I note the following: the But, only reasonable care exercised and not responsible which is hardly reassuing especially when you have the example of a penetration testing security firm being hacked earlier this year and having it’s testing tools stolen.
Removed the app from phone, opened a email address for this sole purpose in case
Various stores I visit Bunnings, Coles, have paper registers locked in the cupboard and offer no resistance and just produce at request, local Woolworths wasn’t as obliging originally and claimed rightly as the directive says the paper register is only for circumstances that they can’t use the electronic app. They did come around and when they see me coming go straight for the cupboard, this may be of little comfort as they probably enter this in the electronic db later anyway to comply with orders from health bureaucrats.
Given that I’m only required to supply name, a phone (not mob) email date & time, I’m prepared begrudgingly to part with that.
As I don’t know enough about the law to know if our rights are being violated or not, confused to the max, we have International Laws & Principles, Federal Laws and a Constitution that’s supposedly protects our rights &freedoms and yet they appear to be worth less than the paper they are printed on.
That the States can defy international laws, treaties human rights and federal laws is a joke.
Any challenges so far in the courts seem to be dismissed
So, who holds the power in this country?
And why is this the case, aren’t we all Australian
It appears to me that the States are running the show until proven otherwise.
So how is it even possible that you can use a Federal Act to override this here in QLD?
Anyone shed a little light
Clause 5 and Section 109 of the Commonwealth Constitution. Read it.