Covid 19 - Test and Trace-Guidance issued on 5th April

On the day of the Prime Ministers confirmation of the move into Step 2 more detail was released in relation to the requirements on operators in connection with the Test and Trace systems.

There is a clear obligation to maintaining records of staff, customers and visitors, and display an official NHS QR poster, to help NHS Test and Trace to identify and notify people who may have been exposed to the virus.

Premise must register for an official NHS QR code poster and display one at every entrance to the venue.

It stipulates that venues in hospitality, the tourism and leisure industry, close contact services, community centres and village halls must:

• ask every customer or visitor (over the age of 16) to provide their name and contact details
• keep a record of all staff working on their premises and shift times on a given day and their contact details
• keep these records of customers, visitors and staff for 21 days and provide data to NHS Test and Trace if requested
• display an official NHS QR code poster so that customers and visitors can ‘check in’ using the NHS COVID-19 app as an alternative to providing their contact details
• adhere to General Data Protection Regulations (GDPR)

The key word in the guidance is MUST which makes the request to the public obligatory and allows default to be punished by the issue of fixed penalty fines.

The Guidance confirms that “Hospitality venues have additional requirements and must also take reasonable steps to refuse entry to anyone who refuses to participate.”

However, it clarifies that there are circumstances when the requirement to collect data does not apply:

• Where services are taken off site immediately, for example, a food or drink outlet which only provides takeaways. If a business offers a mixture of a sit-in and takeaway service, contact information only needs to be sought for customers who are dining in. This could be asked for at the counter, rather than the point of entry, when servers can more easily ask the customer whether they are dining in or taking away.
• If the person is a police officer or emergency responder on duty.
• If the people whose visit is for the sole purpose of making a delivery or collection by supplies or contractors, including food or physical goods.
• If the person is under the age of 16. If an individual says they are under the age of 16, you should not ask for identification unless you judge this to be false.
• If someone does not have the mental capacity to provide their contact details, hospitality venues should not refuse entry (where they are normally required to do so). Businesses will not be in breach of the requirements if they have reason to believe someone can’t provide the details for disability reasons and don’t ask for them as a result.
• Hospitality venues should not deny entry to homeless people who are unable to provide a contact number or email address.

There is also useful link to a template for a Privacy Statement.