Following the recent Government decision to restrict social gatherings of up to six people in an attempt to limit the spread of Covid-19, from Friday 18th September businesses and other public settings where people meet socially across England (e.g. pubs, cafes, restaurants, hairdressers, cinemas, leisure venues, etc.) must, by law, have in place a system which records and stores the contact details of their customers, visitors and staff.
Whilst organisations have previously been advised by the Government to collect and store this information, and many businesses have done so, it will now be formally mandated and non-compliance with the rules will result in fixed penalties for organisations.
Further details regarding this measure will be released shortly which should specify the settings where the laws will apply, but the rules will, in the main, apply to hospitality premises and businesses, close contact services and other tourism and leisure venues.
The Government have also confirmed that these organisations could also face penalties if they do not ensure that their premises are ‘Covid-secure’, which includes taking group bookings of six or more people.
Matt Hancock, Health and Social Care Secretary, commented:
“NHS Test and Trace is a vital part of the government’s response to fighting coronavirus, designed to help us return to a more normal way of life and reduce the need for local lockdowns in the future.
“The system cannot operate without the cooperation of business. We are now mandating venues collect the necessary contact details and support NHS Test and Trace to stop the spread of the virus.”
What contact details need to be obtained and stored?
The businesses, which these rules apply to, will be legally obligated to collect and hold the contact details of every customer, visitor and staff member on their premises. The contact details which need to be taken are:
- Full name;
- Telephone number;
- Date of visit;
- Time of arrival; and
- Time of departure, if possible.
The data collected and held by organisations must be in compliance with the General Data Protection Regulations (GDPR) and the Data Protection Act 2018. How the information is collected and stored will be very much dependent on the industry sector of the business but it should be done as straightforward as possible, using either an existing system for processing personal data or a new solution.
The details will need to be stored for 21 days and shared with NHS Test and Trace, if requested. If the NHS Test and Trace system requires the details, this will be due to the fact that a business’ premises has been identified as a potential location of a local outbreak of Covid-19. NHS Test and Trace will then contact anyone who may have been exposed to the coronavirus at the organisation’s venue and provide them with appropriate public health advice.
How can Nelsons help?
For further information on the subjects discussed in this article, please contact Emma Toes (née Ward) or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.