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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-02-16 Daily Xml
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Question Time

COVID-19 QR Code Security

The Hon. K.J. MAHER (Leader of the Opposition) (14:24): My question is to the Minister for Health and Wellbeing regarding COVID-19. In view of the State Coordinator's announcement of penalties for misuse of QR code and check-in data earlier today, can the minister inform the chamber what penalties apply for misusing data that was gathered before today's announcement? Secondly, can the minister describe what security measures are in place for the protection of QR code data and paper check-in data?

The Hon. S.G. WADE (Minister for Health and Wellbeing) (14:24): I am yet to see a copy of the direction, because my expectation, as is the State Coordinator's practice, is that it would be issued at one minute past midnight. But even if it has been issued, I haven't seen it yet.

My understanding is that the State Coordinator's particular concern is in relation to physical contact sheets. The government has consistently allowed people to use contact sheets so that people who don't have smart phone technology can still record their presence. The concern that the State Coordinator is responding to is the prospect of that being misused.

My understanding is that if a person does breach the direction as updated, if they are a natural person they will be liable to an expiation fine of $1,000, if they are a body corporate they will be liable to a fine of $5,000. If the circumstances are of an aggravated nature, my recollection is that the penalty for a natural person is $25,000 and the penalty for a body corporate is $75,000. If I have those details incorrect I will certainly provide an answer to the question on notice.

It is clearly a risk of data being misused. I think I should stress that this is not only directed at business operators. I think there is a legitimate concern from members of the public that if they put their details on a contact sheet, and that contact sheet is left in a public place—and by that I also mean within a restaurant or the like—that others, not the business operator but others, using that premises might get access to that data.

So I think it's the sort of concern that the Hon. Mark Parnell is picking up in legislation before this place, which would be quite disorderly of me to refer to without the Notice Paper bringing it on. I'm not saying the Hon. Mark Parnell's bill is the best response to that issue, all I'm saying is that it shares a concern that people's privacy be respected.

To be frank, that is really important from a public health point of view. If we have people not putting their contact details down when they don't have access to QR code technology, that increases the risk that if we need to chase that person we won't be able to.

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