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Report under Part VIIIA of the Privacy Act 1988
30 November 2022
About this report
The Australian Government launched the voluntary COVIDSafe app (COVIDSafe) on 27 April 2020.
On 16 May 2020, the Office of the Australian Information Commissioner (OAIC) was granted additional functions and powers in relation to COVIDSafe under Part VIIIA of the Privacy Act 1988.
The object of Part VIIIA was to assist in preventing and controlling the entry, emergence, establishment or spread of COVID‑19 into or within Australia by providing stronger privacy protections for COVID app data and COVIDSafe users.
Part VIIIA expanded the Commissioner’s regulatory oversight role to apply to state and territory health authorities, to the extent that they dealt with COVID app data.
It enhanced the Commissioner’s role in dealing with eligible data breaches and conducting assessments and investigations in relation to COVIDSafe and COVID app data. It enabled the Commissioner to refer matters to, and share information or documents with, state or territory privacy authorities. It also applied the Privacy Act’s rules and privacy protections and Commonwealth oversight to state and territory health authorities in relation to COVID app data.
In accordance with s 94ZB of the Privacy Act, this report sets out the performance of the Commissioner’s functions and the exercise of the Commissioner’s powers under or in relation to Part VIIIA.
The Minister for Health and Aged Care determined on 16 August 2022 that COVIDSafe was no longer required to prevent or control the entry, emergence, establishment or spread of COVID-19 in Australia.
This is the OAIC’s final report under s 94ZB, covering the period 16 May to 15 November 2022.
Executive summary
The OAIC’s first COVIDSafe report detailed the Commissioner’s powers in relation to the COVIDSafe system.
During the reporting period 16 May to 15 November 2022, the OAIC received no enquiries or complaints about the COVIDSafe system.
We completed the COVIDSafe Assessment Program, finalising 2 assessments.
The Commissioner was not required to exercise her powers in relation to complaints, investigations, information sharing and data breaches.
Commissioner’s powers
During the reporting period of 16 May to 15 November 2022, the following matters were recorded in relation to Part VIIIA:
30 November 2022
About this report
The Australian Government launched the voluntary COVIDSafe app (COVIDSafe) on 27 April 2020.
On 16 May 2020, the Office of the Australian Information Commissioner (OAIC) was granted additional functions and powers in relation to COVIDSafe under Part VIIIA of the Privacy Act 1988.
The object of Part VIIIA was to assist in preventing and controlling the entry, emergence, establishment or spread of COVID‑19 into or within Australia by providing stronger privacy protections for COVID app data and COVIDSafe users.
Part VIIIA expanded the Commissioner’s regulatory oversight role to apply to state and territory health authorities, to the extent that they dealt with COVID app data.
It enhanced the Commissioner’s role in dealing with eligible data breaches and conducting assessments and investigations in relation to COVIDSafe and COVID app data. It enabled the Commissioner to refer matters to, and share information or documents with, state or territory privacy authorities. It also applied the Privacy Act’s rules and privacy protections and Commonwealth oversight to state and territory health authorities in relation to COVID app data.
In accordance with s 94ZB of the Privacy Act, this report sets out the performance of the Commissioner’s functions and the exercise of the Commissioner’s powers under or in relation to Part VIIIA.
The Minister for Health and Aged Care determined on 16 August 2022 that COVIDSafe was no longer required to prevent or control the entry, emergence, establishment or spread of COVID-19 in Australia.
This is the OAIC’s final report under s 94ZB, covering the period 16 May to 15 November 2022.
Executive summary
The OAIC’s first COVIDSafe report detailed the Commissioner’s powers in relation to the COVIDSafe system.
During the reporting period 16 May to 15 November 2022, the OAIC received no enquiries or complaints about the COVIDSafe system.
We completed the COVIDSafe Assessment Program, finalising 2 assessments.
The Commissioner was not required to exercise her powers in relation to complaints, investigations, information sharing and data breaches.
Commissioner’s powers
During the reporting period of 16 May to 15 November 2022, the following matters were recorded in relation to Part VIIIA:
Table 1 — Number of matters related to the COVIDSafe system
Regulatory function | Number |
|---|---|
Enquiries received | – |
Complaints received | – |
Investigations | – |
Commissioner-initiated investigations | – |
Information sharing | – |
Assessments finalised | 2 |
Assessments underway | – |
Data breach notifications received | – |
COVIDSafe guidance and advice
The OAIC published a Privacy update on the COVIDSafe app following the Minister for Health and Aged Care’s determination that COVIDSafe is no longer required to prevent or control the entry, emergence, establishment or spread of COVID-19 in Australia.
The guidance outlines the determination’s purpose and explains next steps for the deletion of COVID app data, as required by Part VIIIA.
To avoid confusion, the OAIC removed the following COVIDSafe guidance from our website:
- The COVIDSafe app and my privacy rights
- The COVIDSafe app and my privacy rights in other languages (Arabic, Greek, Italian, Spanish, Thai, Hindi, Punjabi, Vietnamese, Traditional Chinese and Simplified Chinese)
- Guidance for state and territory authorities regarding COVIDSafe and COVID app data
- Privacy obligations regarding COVIDSafe and COVID app data.
Assessments
We detailed our COVIDSafe Assessment Program in the first COVIDSafe report. This program was completed during the reporting period with the finalisation of COVIDSafe assessments 2 and 5.
Summary of COVIDSafe Assessment 2
Assessment 2 examined the access controls applied to COVID app data by state and territory health authorities.
At the time of fieldwork, 3 state and territory health authorities had accessed COVID app data in the National COVIDSafe Data Store.
The assessment found state and territory health authorities were:
- generally taking reasonable steps to secure the personal information of COVIDSafe registered users in accordance with the requirements of Australian Privacy Principle 11.1
- complying with the relevant data handling provisions under Part VIIIA of the Privacy Act.
The OAIC identified 20 medium privacy risks and 23 low privacy risks associated with state and territory health authorities’ handling of COVID app data. Risk areas included:
- the collection of COVID app data into paper or electronic records by the 3 state and territory health authorities
- documentation of processes and procedures around the collection, use, storage and disclosure of COVID app data
- privacy impact assessments not being undertaken or, where undertaken, recommendations not being actioned.
The OAIC made 20 recommendations and 23 suggestions to address those privacy risks. More information on the assessment is available in the summary report.
Summary of COVIDSafe Assessment 5
Assessment 5 examined the compliance of the National COVIDSafe Data Store Administrator with the deletion and notification requirements for the end of the COVIDSafe data period under s 94P of the Privacy Act.
At the time of fieldwork, the Department of Health and Aged Care was the Data Store Administrator.
The assessment found the Data Store Administrator:
- had complied with its obligations to not collect any COVID app data and to ensure COVIDSafe is not available for download
- had deleted all COVID app data from the Data Store as soon as reasonably practicable
- was taking all reasonable steps to inform COVIDSafe users that COVID app data had been deleted from the Data Store and they should delete COVIDSafe from their communication device
- had not taken all reasonable steps to inform COVIDSafe users that COVID app data can no longer be collected.
The OAIC made 2 suggestions to address privacy risks. More information on the assessment is available in the assessment report.
Inspector-General of Intelligence and Security COVIDSafe report
The Inspector-General of Intelligence and Security assists ministers in overseeing and reviewing the legality and propriety of the activities of 6 of Australia’s intelligence and security agencies, including their compliance with Part VIIIA of the Privacy Act. These agencies are:
- Australian Security Intelligence Organisation
- Australian Secret Intelligence Service
- Australian Signals Directorate
- Australian Geospatial-Intelligence Organisation
- Defence Intelligence Organisation
- Office of National Intelligence.
The Inspector-General reviewed the agencies’ compliance with Part VIIIA between 16 May and 15 November 2022 and provided an unclassified report for the Commissioner to consider in preparing this report.
The report notes:
- There is no evidence that any agency has deliberately targeted, decrypted, accessed or used any COVID app data.
- IGIS found the agencies have appropriate policies and procedures in place regarding any incidental collection of COVID app data and are adhering to them. Agencies are taking reasonable steps to quarantine and delete such data as soon as practicable after becoming aware it has been collected.
- IGIS has not received any complaints or public interest disclosures about COVID app data.
The IGIS report is provided as Attachment A to this report and is also published on the IGIS website.
Glossary
Term | Definition |
|---|---|
Australian Privacy Principles (APPs) | The APPs are the cornerstone of the privacy protection framework in the Privacy Act 1988. They apply to any organisation or agency the Privacy Act covers. There are 13 APPs and they govern standards, rights and obligations around:
|
Contact tracing | Section 94D(6): The process of identifying persons who have been in contact with a person who has tested positive for the coronavirus known as COVID‑19, and includes:
|
COVID app data | Section 94D(5): Data relating to a person that:
|
COVIDSafe app (COVIDSafe) | Section 6(1): An app that is made available or has been made available (including before the commencement of this Part), by or on behalf of the Commonwealth, for the purpose of facilitating contact tracing. |
National COVIDSafe Data Store (Data Store) | Section 6(1): The database administered by or on behalf of the Commonwealth for the purpose of contact tracing. |
National COVIDSafe Data Store Administrator (Data Store Administrator) | From 16 May 2020 to 26 September 2021 the Digital Transformation Agency (DTA) was the sole Data Store Administrator. Between 27 September and 4 October 2021, this function transitioned to the Department of Health. From 5 October 2021, the Department of Health is the sole Data Store Administrator and the DTA no longer has access to COVID app data and information collected through COVIDSafe. Under an Administrative Arrangements Order, the Department of Health became the Department of Health and Aged Care on 1 July 2022. |
Table 1 — Number of matters related to the COVIDSafe system
Regulatory function | Number |
|---|---|
Enquiries received | – |
Complaints received | – |
Investigations | – |
Commissioner-initiated investigations | – |
Information sharing | – |
Assessments finalised | 2 |
Assessments underway | – |
Data breach notifications received | – |
COVIDSafe guidance and advice
The OAIC published a Privacy update on the COVIDSafe app following the Minister for Health and Aged Care’s determination that COVIDSafe is no longer required to prevent or control the entry, emergence, establishment or spread of COVID-19 in Australia.
The guidance outlines the determination’s purpose and explains next steps for the deletion of COVID app data, as required by Part VIIIA.
To avoid confusion, the OAIC removed the following COVIDSafe guidance from our website:
- The COVIDSafe app and my privacy rights
- The COVIDSafe app and my privacy rights in other languages (Arabic, Greek, Italian, Spanish, Thai, Hindi, Punjabi, Vietnamese, Traditional Chinese and Simplified Chinese)
- Guidance for state and territory authorities regarding COVIDSafe and COVID app data
- Privacy obligations regarding COVIDSafe and COVID app data.
Assessments
We detailed our COVIDSafe Assessment Program in the first COVIDSafe report. This program was completed during the reporting period with the finalisation of COVIDSafe assessments 2 and 5.
Summary of COVIDSafe Assessment 2
Assessment 2 examined the access controls applied to COVID app data by state and territory health authorities.
At the time of fieldwork, 3 state and territory health authorities had accessed COVID app data in the National COVIDSafe Data Store.
The assessment found state and territory health authorities were:
- generally taking reasonable steps to secure the personal information of COVIDSafe registered users in accordance with the requirements of Australian Privacy Principle 11.1
- complying with the relevant data handling provisions under Part VIIIA of the Privacy Act.
The OAIC identified 20 medium privacy risks and 23 low privacy risks associated with state and territory health authorities’ handling of COVID app data. Risk areas included:
- the collection of COVID app data into paper or electronic records by the 3 state and territory health authorities
- documentation of processes and procedures around the collection, use, storage and disclosure of COVID app data
- privacy impact assessments not being undertaken or, where undertaken, recommendations not being actioned.
The OAIC made 20 recommendations and 23 suggestions to address those privacy risks. More information on the assessment is available in the summary report.
Summary of COVIDSafe Assessment 5
Assessment 5 examined the compliance of the National COVIDSafe Data Store Administrator with the deletion and notification requirements for the end of the COVIDSafe data period under s 94P of the Privacy Act.
At the time of fieldwork, the Department of Health and Aged Care was the Data Store Administrator.
The assessment found the Data Store Administrator:
- had complied with its obligations to not collect any COVID app data and to ensure COVIDSafe is not available for download
- had deleted all COVID app data from the Data Store as soon as reasonably practicable
- was taking all reasonable steps to inform COVIDSafe users that COVID app data had been deleted from the Data Store and they should delete COVIDSafe from their communication device
- had not taken all reasonable steps to inform COVIDSafe users that COVID app data can no longer be collected.
The OAIC made 2 suggestions to address privacy risks. More information on the assessment is available in the assessment report.
Inspector-General of Intelligence and Security COVIDSafe report
The Inspector-General of Intelligence and Security assists ministers in overseeing and reviewing the legality and propriety of the activities of 6 of Australia’s intelligence and security agencies, including their compliance with Part VIIIA of the Privacy Act. These agencies are:
- Australian Security Intelligence Organisation
- Australian Secret Intelligence Service
- Australian Signals Directorate
- Australian Geospatial-Intelligence Organisation
- Defence Intelligence Organisation
- Office of National Intelligence.
The Inspector-General reviewed the agencies’ compliance with Part VIIIA between 16 May and 15 November 2022 and provided an unclassified report for the Commissioner to consider in preparing this report.
The report notes:
- There is no evidence that any agency has deliberately targeted, decrypted, accessed or used any COVID app data.
- IGIS found the agencies have appropriate policies and procedures in place regarding any incidental collection of COVID app data and are adhering to them. Agencies are taking reasonable steps to quarantine and delete such data as soon as practicable after becoming aware it has been collected.
- IGIS has not received any complaints or public interest disclosures about COVID app data.
The IGIS report is provided as Attachment A to this report and is also published on the IGIS website.
Glossary
Term | Definition |
|---|---|
Australian Privacy Principles (APPs) | The APPs are the cornerstone of the privacy protection framework in the Privacy Act 1988. They apply to any organisation or agency the Privacy Act covers. There are 13 APPs and they govern standards, rights and obligations around:
|
Contact tracing | Section 94D(6): The process of identifying persons who have been in contact with a person who has tested positive for the coronavirus known as COVID‑19, and includes:
|
COVID app data | Section 94D(5): Data relating to a person that:
|
COVIDSafe app (COVIDSafe) | Section 6(1): An app that is made available or has been made available (including before the commencement of this Part), by or on behalf of the Commonwealth, for the purpose of facilitating contact tracing. |
National COVIDSafe Data Store (Data Store) | Section 6(1): The database administered by or on behalf of the Commonwealth for the purpose of contact tracing. |
National COVIDSafe Data Store Administrator (Data Store Administrator) | From 16 May 2020 to 26 September 2021 the Digital Transformation Agency (DTA) was the sole Data Store Administrator. Between 27 September and 4 October 2021, this function transitioned to the Department of Health. From 5 October 2021, the Department of Health is the sole Data Store Administrator and the DTA no longer has access to COVID app data and information collected through COVIDSafe. Under an Administrative Arrangements Order, the Department of Health became the Department of Health and Aged Care on 1 July 2022. |
