Ico responds to government GDPR rule break

The UK Government admitted that the Track and Trace App, created to help stop the spread of Coronavirus, broke a key Data Protection Law – the failure to conduct a privacy risk assessment.

This means that the Trace and Trace system had been operating unlawfully since its launch on the 28th of May. However, the Department of Health and Social Care (DHSC) states there is no evidence that the data had been used illegally.

Although it seems user data was secure, a Data Protection Impact Assessment (DPIA) must still be carried out as this helps to identify issues, avoid risking user’s personal data and is a requirement under GDPR.

In response, a spokesperson for the DHSC stated: “NHS Test and Trace is committed to the highest ethical and data governance standards – collecting, using, and retaining data to fight the virus and save lives, while taking full account of all relevant legal obligations.”

The ICO responded to this rule-break, and welcomed the work of the NHS Track and Trace app, whilst pointing out the importance of protecting the health data of individuals. The ICO also stated: …Providing a high level of transparency and putting data protection at the heart of an app or service should help build people’s trust in the systems involved. We will continue to offer that guidance during the life of the app as it is further developed, rolled out more widely and when it is no longer needed…’

This highlights that no one is exempt from GDPR rule breaks, and that proper procedure should always be followed. However, a Data Protection Impact Assessment is long and complicated document and you must get it right.

At GDPRlocal, we can provide Data Protection Impact Assessment Template and help you fill it out so you can avoid fines and trouble from the ICO.