Dear Department of Health and Social Care,
Michael Gove today announced (https://www.bbc.co.uk/news/health-52521526) that the Government would be trialling a new contact tracing app in the Isle of White ('the contact tracing app').
Article 35 of the General Data Protection Regulation ('GDPR'), incorporated into UK law by the section 3 of the European Union (Withdrawal Act) 2018, requires that a Data Protection Impact Assessment ('DPIA') is carried out in advance of any processing of personal data that is likely to result in a high risk to the rights and freedoms of natural persons. This includes the "processing on a large scale of special categories of data". Article 9 of GDPR defines special category data to include data concerning health (such as would be processed for contact tracing). According to recital 75 of GDPR, a DPIA is also required in a number of other circumstances relevant to the contact tracing app.
Article 36 of GDPR requires that data controllers consult with the supervisory authority (the Information Commissioner's Office ('ICO')) in advance of any processing where a DPIA indicates that it would result in a high risk in the absence of measures taken by the controller to mitigate the risk.
1. If a DPIA has been undertaken in advance of trialling the contact tracing app under Article 35 GDPR, please provide a copy of the DPIA.
2. If no DPIA has been undertaken, please provide any information relating to any discussion or determination of: (a) whether the processing of personal data for contact tracing is likely to result in a high risk to the rights and freedoms of natural persons, and (b) whether a DPIA was required.
3. If a consultation was undertaken under Article 36 GDPR, please provide any information submitted by the Department to the ICO in connection with that consultation. Please also provide any information - include any advice - provided by the ICO to the Department in connection with that consultation, the DPIA, or the contact tracing app.
4. Please also provide information on the legal basis (as set out in either Article 6 or Article 9 of GDPR) relied upon for the processing undertaken for the contact tracing app.
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Dear Ms Cobbe,
Please find attached the Department of Health and Social Care's response
to your recent FOI request (our ref: FOI-1222090)
Freedom of Information team
Department of Health and Social Care
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