Covid 19 - What you need to know - Scotland - Collection of customer data to be give 'statutory footing'

10 Aug
2020

During her regular Covid 19 briefing the Scottish First Minister, Nicola Sturgeon, announced that the collection of customer data, already a requirement in published guidance will now be given a ‘statutory footing’. Collection of such data in the fight against Covid 19 has been widely and enthusiastically adopted by the industry as a way of tackling the spread and instilling confidence within their customers that venues are safe to visit.

The terms of the new legislation are yet to be revealed but are potentially expected to become law as soon as Friday (14th August).

The current issued guidance does consider the situation where customers do not wish to share their details. In such instances Operators are directed to encourage compliance but not to refuse entry if compliance is not forthcoming.

There is no legal requirement that individuals provide their data for NHS Test and Protect purposes, so if you want to continue to offer your services to customers or visitors that do not choose to provide their information, then you can do so.”
[Current published guidance]

If and how the new legislation will impose potential criminal or other sanctions for non-compliance in light of the above wording is yet to be fully explained, the proposed text will hopefully illuminate the issue further.

Law correct at the date of publication.
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