Queensland Police access Covid check in data to solve crime

Human rights experts are calling for legislative change after Queensland police used data from the government’s Covid check-in app to solve a crime, despite the app’s privacy policy.

The Queensland Police Service (QPS) has used data from the state government’s Covid check in app to assist in solving a crime despite the app’s own privacy policy indicating it would be used for public-health related reasons only.

The QPS has revised its policy after officers accessed the check in details of a group of people they believed to be connected to a crime.

Queensland’s human rights experts said this action doesn’t go far enough and are now calling for legislative change to protect people in future.

According to the QPS, the data - collected for health purposes under the Public Health Act 2005 - was accessed only once.

Police used the Covid check in app to access information for a crime unrelated to the Public Health Act. Picture: Generic file photo

Their investigation was into the reported theft of an unloaded police-issued firearm and taser from the Miriam Vale Hotel in Gladstone on June 9 or 10 of this year.

The QPS say although the data was accessed lawfully, they have since reviewed their internal policy and vowed only to access the data in extreme circumstances.

“The QPS has conducted a review of any requests for data access from the apps to the

Department of Communities, Housing and Digital Economy,” the police statement said.

“The review revealed the QPS had accessed data once from the apps after obtaining a lawfully

issued search warrant.

“While the data access was lawful in this instance, the QPS has strengthened its internal policy to ensure public confidence in security of data within both apps.”

Queensland Council for Civil Liberties President Michael Cope said the internal review doesn’t go far enough and is calling for the state government to “put its money where its mouth is,” to ensure this doesn’t happen again.

President of the Queensland Council for Civil Liberties Michael Cope. AAP Image/Glenn Hunt

“The government should pass legislation that means this cannot happen again,” Mr Cope said.

“The government should pass an act to reflect this change in policy and put its money where its mouth is.

“It’s important that people have confidence this data is being used correctly, so people provide truthful information so it can be used appropriately when it’s needed and for its intended purpose.

“Police have lots of other ways to access information, they don’t need this information to solve crimes.”

Mr Cope said it was a fundamental breach of privacy and that Queenslanders felt compelled to log this information only to assist in health related matters.

“There’s currently nothing to legally stop this from happening again. It would be a simple matter to pass an act to ensure that the only people who can access this data are the contact tracers.”

Brisbane people use QR codes to check-in at Southbank. Picture: NCA NewsWire / John Gass

According to the Check in QLD Privacy Policy, the information entered into the app is for the purpose of responding to a declared public emergency under the Public Health Act 2005.

The department of Communities, Housing and Digital Economy “may disclose your personal information to Public Health Officers with Queensland Health and the Hospital and Health Services for the purpose of contract tracing, or where the use of disclosure is authorised or required by law,” the app says.

The QPS’ say its new policy directs officers not to apply for a search warrant in relation to data gathered for health related purposes unless in extraordinary circumstances.

“The new policy directs officers not to apply for a search warrant in relation to data gathered for public health-related purposes collected by COVID-19 tracing apps except in extraordinary

circumstances and when prior approval has been obtained from the Deputy Commissioner,

Strategy and Corporate Services,” the QPS said.