Service NSW (One-Stop Access to Government Services) Amendment (COVID-19 Information Privacy) Bill 2021

Hansard ID: HANSARD-1323879322-120206

Hansard session: Fifty-Seventh Parliament, First Session (57-1)

Service NSW (One-stop Access to Government Services) Amendment (COVID-19 Information Privacy) Bill 2021

First Reading

Bill introduced on motion by Mr Victor Dominello, read a first time and printed.

Second Reading Speech

Mr VICTOR DOMINELLO (RydeMinister for Customer Service, and Minister for Digital) (12:20:47):

— I move:

That this bill be now read a second time.

I am pleased to introduce the Service NSW (One-stop Access to Government Services) Amendment (COVID-19 Information Privacy) Bill. The bill will limit the disclosure and use of any personal and health information collected by Service NSW under the COVID-19 public health orders. The Service NSW COVID Safe Check-in app has been central to the New South Wales Government's pandemic response. It has allowed us to quickly identify people who may have been in contact with a positive case and support efficient and effective contact tracing. Now, as New South Wales continues to reopen, the COVID Safe Check-in app provides customers with case alerts for venues they have attended. The check-in app has given people confidence that they will be notified if they come in contact with a positive case and will be able to protect their family and friends.

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During the Delta outbreak, we asked the people of New South Wales to assist contact tracing by checking in when attending any indoor venue. We also asked the people of New South Wales to provide declarations and obtain permits for travel and other activities that would ordinarily be part of their everyday lives. Those measures work only with public buy-in. Trust and compliance is central to their effectiveness, and to our ability to reduce the spread of COVID-19. Over 7 million people have used the Service NSW COVID Safe Check-in app, for over one billion total check-ins. That is over one billion times people in New South Wales have entrusted the Government with their personal information.

Throughout the pandemic, we have recognised the significance of this trust and have sought to ensure that it is reflected with robust privacy protections. The public health orders state that contact details collected through the COVID Safe Check-in are to be used or disclosed only for contact tracing during the COVID-19 pandemic. Service NSW has upheld this position and has not provided any personal information collected through the COVID Safe Check-in to NSW Police Force. All contact details held by Service NSW are stored in an encrypted database that is accessible only by NSW Health through a restricted authenticated interface for the purposes of COVID-19 contact tracing. If information is not required by Health, Service NSW deletes personal check-in information it holds after 28 days.

The Government has listened to advice from the Privacy Commissioner and decided to further strengthen privacy protections through the introduction of the COVID-19 information privacy bill. The bill takes the long‑standing position that check-in data is to be used only for the purpose it was collected, or contact tracing, and enshrines it in legislation. It will ensure that information cannot be accessed for secondary purposes, including for law enforcement and by use of a warrant. It will reinforce to the people of New South Wales that the additional collection of their information during the pandemic is only to protect public health. The bill will prevent Service NSW from disclosing personal and health information collected under the public health orders for any use other than the purpose it was collected—contact tracing—to provide it to the person it is about, or, in limited circumstances, to investigate a breach of the public health orders.

Service NSW will be able to use or disclose personal information from the COVID Safe Check-in only for the purpose for which it was collected or for contact tracing purposes. This will include contact tracing within other Australian States and Territories, to support our border communities and ensure that contact tracing can continue to be effective as our borders begin to reopen. Permit information and declarations about entering or leaving New South Wales will continue to be able to be disclosed to NSW Police Force if required to investigate or prosecute a breach of the public health orders related to the permit. The bill will not impact the ability for an individual to show their check-in information or vaccination certificate on the Service NSW app to a business or to a police officer in line with the public health orders.

As we move forward with the COVID-19 road map, we hope to reduce the need to ask the people of New South Wales to provide us with their personal information as they conduct their everyday lives. However, the COVID-19 information privacy bill will give the people of New South Wales the assurance that if Service NSW needs to collect their information to ensure the safety of the community from COVID-19, their privacy is protected by legislation. I commend the bill to the House.

Second Reading Debate

Ms YASMIN CATLEY (Swansea) (12:25:54):

I lead for the Opposition on the Service NSW (One-stop Access to Government Services) Amendment (COVID-19 Information Privacy) Bill 2021. The bill will address an important issue: the security of COVID Safe Check-in data. It is crucial that the community maintains confidence that their COVID Safe Check-in data is safe and secure, and used only for the purpose for which it was collected. As such, the bill will legislate limitations around the disclosure of personal and health information collected by Service NSW under the COVID-19 public health orders.

Throughout the pandemic, the Service NSW COVID Safe Check-in app has played an important role in our State's pandemic response. The data collected has allowed our contact tracers to quickly identify people who have potentially been in contact with a positive case. I thank our contact tracers for the fantastic work that they have done during some of the toughest times of the pandemic. With our State reopening, the COVID Safe Check‑in app will continue to play an important role in notifying people if they have come into contact with a positive case. I note that push notifications for the app have now gone live. I am pleased that the Minister is in the Chamber to tell him how happy we are to hear that. It will help to improve the effectiveness of the app.

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As the Minister stated in his second reading speech, to deal with the Delta outbreak we have asked people to check in when attending any indoor venue and when obtaining permits for travel and work. I echo the words of the Minister that these measures work only with public buy-in. Trust and compliance is central to their effectiveness and to our ability to reduce the spread of COVID-19. That is why this legislation is so important. Over 7 million citizens in New South Wales use the Service NSW COVID Safe Check-in app and we have a responsibility to ensure that their data is protected. I note the bill was based on advice provided by the Privacy Commissioner to further strengthen privacy protections, and the Opposition supports that.

Under the current public health orders, personal information collected by the COVID Safe Check-in app can be used only for contact tracing. Service NSW deletes the data after 28 days. The bill will reinforce in legislation that the additional information collected during the pandemic is only to protect public health. New section 17B (2) makes clear that information held must not be used or disclosed except for the purpose that it was collected or for contact tracing, including in another State or Territory.

The information collected in relation to the issue of a permit can be usedfor the purposes of investigating or prosecuting a breach of a public health order related to that permit. The same provisions apply todeclarations made when entering or leaving New South Wales. Thisinformation can be used for the purposes of investigating or prosecutinga breach of a public health order related to the declaration. These two provisions allow for information to be disclosed to the New South Wales police toinvestigate and prosecute a breach of the public health order.The bill makes clear that this information cannot be accessed for anysecondary purpose, including for law enforcement or by use of awarrant.

Nothing in this bill will prevent an individual from displaying their check‑in information or vaccination certificate on the Service NSW app to abusiness or to a police officer in line with the public health orders.I note the bill will allow for information to be shared between States andTerritories. This is information for contract tracing as we, as a country, beginto reopen. It will also help to support our border communities.I take this opportunity to thank the Minister, his staff and the Department of CustomerService for their work throughout the pandemic and for getting the COVID Safe Check‑in app up and running. It has been a most important tool in fighting the pandemic.Our public health orders have to date protected our citizens' data frombeing accessed for a purpose other than for which it was collected, butthe Opposition will continue to monitor this space to ensure this data isprotected going forward.I am pleased to offer Labor's support for this important bill.I appreciate the Minister working with the Opposition to support thepassage of such important legislation.

Mr MARK COURE (Oatley) (12:31:10):I support the Service NSW (One‑stop Access to Government Services) Amendment (COVID‑19 Information Privacy) Bill 2021. For the record, I thank the Minister for Customer Service, who is in the Chamber, his very capable staff and the staff of his department. The COVID‑19 pandemic has dramatically changed the lives of people throughout New South Wales. The New South Wales Government responded quickly and rolled out a wide range of health measures, including contact tracing and the COVID Safe Check‑in app. As I look around the Chamber, I hope that everyone has checked in to the Parliament of New South Wales.I commend the New South Wales Government, and particularly the Minister for Customer Service, and Minister for Digital and his department, for their work in getting these services up and running as quickly as possible in the middle of the pandemic.

Whilst the COVID Safe Check‑in app was introduced in less than ideal circumstances, it has demonstrated the ability of our Government to develop high-quality, customer-friendly digital infrastructure to respond to the needs of the community. I must say that this innovation is one of many that the Minister for Customer Service, and Minister for Digital and his department have implemented over the past few years—FuelCheck was one of them.

Mr Victor Dominello:

How good is that?

Mr MARK COURE:

I use it regularly. Do you want to do this?

Mr Victor Dominello:

No.

Mr MARK COURE:The pandemic has changed, and so has the COVID Safe Check-in app. It allows for integrated vaccination status checks and provides targeted case alerts. These digital services are making compliance with public health orders much easier for businesses and customers as New South Wales opens up. The people of New South Wales should feel very confident as they use the COVIDSafe Check-in app that it is not only convenient but also private. The personal information people provide will be used only as needed for contact tracing. I think many members in this Chamber have been on the other end of that process and have been traced or contract traced over the past six months.

The privacy of individuals' personal and health information is crucial to maintaining public confidence in the public COVID‑19 health response.The Government has sought to protect privacy throughout the pandemic. NSW Health's public health orders prohibit sharing of contact details collected through the COVID Safe Check‑in app for any purpose other than contact tracing. Today we look to further strengthenthose protections by introducing the COVID‑19 information privacy bill. The limited disclosure and use of COVID Safe Check‑in data will now be clearly defined within this legislation. Under this bill, Service NSW will be able to disclose personal health information collected and held under COVID‑19 public health orders only for the purpose it was collected. This is for contact tracing or to alert the person the information is about, as well as providing permit or declaration information to the police for the investigation or prosecution of a breach of the public health orders.The bill will also override any other law, including a warrant if one of the four reasons for disclosure is not satisfied.

Although the NSW public health response to COVID‑19 has been worldleading, these amendments further strengthen public trust and confidence by adding another layer of checks and balances.This is the standard the people of NSW expect from their Government.I again commend the Government for implementing these important initiatives that have provided vital tools for NSW Health and contact tracers during the pandemic right across New South Wales. Of course, as we know, apps like the COVID Safe Check‑in app are certainly being copied in other jurisdictions across Australia. Before the pandemic and the lockdown, I visited Victoria for the first time in 10 years with some of my parliamentary colleagues to attend a course that we currently doing. The Victorian check‑in app is completely different—in a bad way—from the New South Wales app. I certainly think New South Wales has some of the best technology being applied. I thank the Minister, his department and the Minister's staff. As a result of these tools, the health and wellbeing of our community have been protected significantly. I know that the St George area and the people of New South Wales are extremely grateful for their app. I commend the bill to the House.

Mr RON HOENIG (Heffron) (12:36:46):Service NSW (One‑stop Access to Government Services) Amendment (COVID‑19 Information Privacy) Bill 2021

I indicate how impressed I was by the contribution to debate on the by the member for Oatley. Because of his dulcet tones and the way in which he expressed in his impassioned speech his admiration for the success of the Minister for Customer Service and Service NSW, I value his contribution. I cannot understand why he has not progressed from the back of the queue to the frontbench.

Mr Victor Dominello:

Hear, hear!

Mr Mark Coure:

I have been asking the same question.

Mr RON HOENIG:

What an outstanding member of Parliament and what an outstanding contribution he has made to debate on the bill. Unfortunately, I have to say that the member for Oatley is a bit like me: When you pass the intelligence test, they do not want you. I contribute to this debate to say that this is an extremely important bill. It is important for privacy. I thank the member for Swansea for her advocacy for the introduction of this legislation. She has been advocating for this bill for quite some time. It would not have been an easy feat for the Minister for Customer Service to produce this bill because just about every single State and Federal law enforcement organisation would have been desperate to try to get hold of the data. I note for the record that the Minister is nodding.

It is fundamental to a public health response that when the Government gives an assurance the purpose of collecting that data is for the public health response the Government then guarantees the embargo. It is absolutely fundamental. The public need to have confidence when they are asked to cooperate by providing their details and personal data. It is absolutely fundamental that that data is collected only for that purpose and for no other, except to ensure the integrity of the health orders. I express my appreciation to the Minister for Customer Service for introducing the bill. I imagine he would have preferred to bring the bill to this House quite some time ago—I see he is nodding—but had a battle to fight.

We need to acknowledge that battle. I also acknowledge that the Government's public health response has been subject to considerable bipartisan support. Indeed, that has been one of the reasons for its success. Some years ago I said in this House that many of us are surprised by the efficiency and service that has emerged from Service NSW. I have complimented the Minister previously about that. Those old guys like us who used to line up for hours at the department of motor transport just to renew a licence or register a vehicle, remember what it was like for decades. Pandemic aside, now it is a considerable government service to be able to go to Service NSW and be greeted by a concierge who is able to give you a number and direct you so that you are in and out of the place within five minutes. I will share with the House a brief story about a recent experience.

During the COVID lockdowns a law came in which required an sticker to be placed on the numberplates of all electric vehicles [EVs]. You had until 1 July to do it. I have a hybrid vehicle. So, I went to the Service NSW office at Botany and when I asked for an EV sticker the concierge said, "Sorry, we do not have any. You can either go to Marrickville or we can place an order and call you back when we get them." The concierge then took my details and as I walked out I thought to myself: the department of motor transport is actually going to call you back for something? I had never heard of that in my decades of existence. Can you believe it? Six days later I got a call saying, "Mr Hoenig, your stickers have arrived. You can come and collect them." I then went to Lord Street, Botany, where I was greeted by the concierge and they were in my hand within 30 seconds.

That was at Botany. An area where no member of the Tories would ever have sullied their toes to be provided with that service. In this portfolio there have been substantial improvements in service for the public. That is in no small measure due to the way in which the organisation has been put together. I echo the words of the member for Swansea. The way in which the app has been rolled out and integrated with Service NSW in the middle of a crisis pandemic crisis, is truly impressive. But I do have one request of the Minister for Customer Service. I have a problem with the IT here. They cannot connect my iPad to the Parliament portal. Would the Minister do it for me?

Mr Victor Dominello:

We will have a coffee after.

Mr RON HOENIG:

I repeat, I echo the words of the shadow Minister and the Opposition. The effort that has been made to get the bill to this stage is impressive. I know the battles that the Minister must have had, without actually knowing what they are. It is an important piece of legislation. The importance of it was obvious when the member for Swansea approached me last night to ensure that we agreed to a suspension of standing orders, so that this could proceed through all stages. I commend the bill to the House.

Debate interrupted.