The other day I called at my local opticians to have my spectacles adjusted, only to find that first we must give our name and address (track & trace), use the sanitizer, have a facial recognition photograph taken, have our body temperature remotely checked by a machine which talks back to us, even though we haven’t said a word. “Temperature normal” it said. I found myself wondering what it might scream if it actually could detect a reading higher than ‘normal’ – perhaps “COVID SUSPECT – OFF WITH HIS HEAD” or ‘DISPATCH TO SOYLENT GREEN‘!!
However, help is at hand. We have attached a pdf which will help us in our day-to-day search for a loaf of bread and a hunk of cheese – a Notice of Privacy Violation. We suggest that no self-respecting man or woman should be seen out on the street without at least FIVE copies of this document in their pocket. Here is the text below; all we have to do is to fill in the company or business name at the top of the sheet and put the date of service at the bottom of the other side. Always good to have a witness with us, if we are still going to be allowed to go around in groups of more than two..
NOTICE OF PRIVACY VIOLATION – TRACK & TRACE / VACCINE PASSPORTS
The Facts:
The General Data Protection Regulation (GDPR – https://gdpr-info.eu/) was first introduced to the UK in May 2018 as EU legislation and on 1st January 2021 became part of UK statute, following Brexit, as the Data Protection Act 2018.
The Equality Act 2010 (https://www.legislation.gov.uk/ukpga/2010/15/contents) prevents any company introducing policy which could cause discrimination.
High Consequence Infectious Disease (HCID) status in UK –
There are currently no known HCID’s in the UK – please refer to (https://www.gov.uk/guidance/high-consequence-infectious-disease-country-specific- risk#countries-u-to-z)
As of 19th March 2020, COVID-19 is no longer considered to be a HCID in the UK (https://www.gov.uk/guidance/high-consequence-infectious-diseases-hcid)
Any business whether Private or Public must abide by both the GDPR regulations and the Equality Act 2010 and ignorance of the above statutes will not prevent transgressors from being held liable, prosecuted and fined accordingly.
On 13th March 2020, the World H(W)ealth Organization (WHO) lowered the risk status of Sars_Cov _2 (Covid-19) to its current status of not being a HCID and the UK also downgraded Covid-19 accordingly on 19th March 2020. To be clear, this means that there is no current HCID in the UK.
Unlawful measures and legislation rendering companies liable to prosecution:
On 24th March 2020, following the advice of the SAGEs, lockdowns were unlawfully introduced and emergency measures implemented on the basis of a non-existent HCID.
The Coronavirus Act 2020 (https://www.legislation.gov.uk/ukpga/2020/7/part/1/)
was additionally enacted specifically for the said HCID and therefore that statute also has no justification or validity for the aforementioned reasons.
There is neither legal or lawful reason to request and/or record the medical data of an individual (classed as “Special Data” under GDPR) without the existence of a current HCID.
From GDPR Article 9, companies are unable to use Article 6, 1(c) & (f) unless there is a current HCID within the UK. Recording a name, personal telephone number or any personally identifiable data for health or medical reasons (e.g. the Track & Trace system / Vaccine Passport Verification) is classed as recording medical data and is thus subject to the restrictions of the use and collection of Special Data as stipulated in Article 9 of the GDPR regulations. Fully informed consent from the data subject is now the only really valid condition for processing in this scenario.
Conclusion and follow up actions:
Until such time as the existence of a HCID in the UK can be proved and declared, all UK companies and sole traders are therefore prohibited from recording, processing and/or storing Special Data for any reason which is dependent upon the existence of a current HCID within the UK.
You are now strongly advised to seek legal counsel to verify the above facts and then you should make any changes necessary within your business to ensure that you and/or your company will not be held liable for breaches of the afore-mentioned legislation. Dated ………….
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