Service NSW Mittagong under investigation
Posted: Tue Sep 14, 2021 12:58 pm
Service NSW Mittagong under investigation by the Office of the Australian Information Commissioner.
Breaking the Privacy Act by forcing customers to sign up to the covidsafe app.
Commonwealth Consolidated Acts
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PRIVACY ACT 1988 - SECT 94H
Requiring the use of COVIDSafe
(1) A person commits an offence if the person requires another person to:
(a) download COVIDSafe to a communication device; or
(b) have COVIDSafe in operation on a communication device; or
(c) consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(2) A person commits an offence if the person:
(a) refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or
(b) takes adverse action (within the meaning of the Fair Work Act 2009 ) against another person; or
(c) refuses to allow another person to enter:
(i) premises that are otherwise accessible to the public; or
(ii) premises that the other person has a right to enter; or
(d) refuses to allow another person to participate in an activity; or
(e) refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or
(f) refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services;
on the ground that, or on grounds that include the ground that, the other person:
(g) has not downloaded COVIDSafe to a communication device; or
(h) does not have COVIDSafe in operation on a communication device; or
(i) has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(3) To avoid doubt:
(a) subsection (2) is a workplace law for the purposes of the Fair Work Act 2009 ; and
(b) the benefit that the other person derives because of an obligation of the person under subsection (2) is a workplace right within the meaning of Part 3-1 of that Act.
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Breaking the Privacy Act by forcing customers to sign up to the covidsafe app.
Commonwealth Consolidated Acts
[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]
PRIVACY ACT 1988 - SECT 94H
Requiring the use of COVIDSafe
(1) A person commits an offence if the person requires another person to:
(a) download COVIDSafe to a communication device; or
(b) have COVIDSafe in operation on a communication device; or
(c) consent to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(2) A person commits an offence if the person:
(a) refuses to enter into, or continue, a contract or arrangement with another person (including a contract of employment); or
(b) takes adverse action (within the meaning of the Fair Work Act 2009 ) against another person; or
(c) refuses to allow another person to enter:
(i) premises that are otherwise accessible to the public; or
(ii) premises that the other person has a right to enter; or
(d) refuses to allow another person to participate in an activity; or
(e) refuses to receive goods or services from another person, or insists on providing less monetary consideration for the goods or services; or
(f) refuses to provide goods or services to another person, or insists on receiving more monetary consideration for the goods or services;
on the ground that, or on grounds that include the ground that, the other person:
(g) has not downloaded COVIDSafe to a communication device; or
(h) does not have COVIDSafe in operation on a communication device; or
(i) has not consented to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(3) To avoid doubt:
(a) subsection (2) is a workplace law for the purposes of the Fair Work Act 2009 ; and
(b) the benefit that the other person derives because of an obligation of the person under subsection (2) is a workplace right within the meaning of Part 3-1 of that Act.
AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback