COVIDSafe – Should Doctors Recommend Their Patients Download It?

The COVID-19 pandemic in Australia has resulted in a health emergency that has required what can only be described as an unprecedented response from the Australian Government in terms of its management.

Currently, the Australian Government is actively attempting to minimise the spread of COVID-19, reducing the number of people being infected with the virus, reducing the country’s mortality rate, in addition to managing the unprecedented demand that has been placed on Australia’s health services. Further, the government is also attempting to assist individuals to manage their own risk, the risk to their family and the risk to the wider community.

To date, this has been achieved through the implementation of social distancing measures, including restrictions on public activities and travel. On 26th April the Australian Government introduced a new strategy, the COVIDSafe app, in an attempt to further reduce the risk of infection to Australians, and stem the huge demand placed on our health services.

What is the COVIDSafe App and how does it work?

The COVIDSafe app is a smartphone application, aimed at identifying people who may have come into direct contact with another person, who has been tested and confirmed to have COVID-19.

The app can be downloaded to both Apple and Android phones and requires a Bluetooth connection to remain open, in order to adequately track data. It is based on Singapore’s Tracetogether software and uses Bluetooth to record anonymised IDs from users who are within 1.5 metres of each other for a period of 15 minutes or greater.

The app will store data for a period of 21 days, with the data uploaded to a government server that is based in Australia, only in the event that the user tests positive for COVID-19 and provides consent.

The voluntary app was released on Sunday 26th April 2020 by the Australian Government, and within only a few hours of its release, more than 1 million Australians had downloaded it.

It is “safe” in terms of privacy?

The release of the COVIDSafe app has been surrounded by controversy, with the primary concern being the use and safety of the app users’ personal information. The general public raised concerns that the government would use the information for alternate purposes, such as in law enforcement or by the Australian Taxation Office.

However, these concerns have been addressed by both the Prime Minister, Scott Morrison, and Australia’s Health Minister Greg Hunt, who have assured Australians that data collected via COVIDSafe, would only be accessible by Health Officers, and would not be used by any other government agencies or departments, including police and welfare. The latter even going as far as to advise that any misuse of private information would result in ‘jail time’.

In an effort to further instil public confidence in the use of COVIDSafe, the government has released to the public, the Privacy Impact Assessment which was required to be undertaken under the Government’s own Privacy Code, for projects involving new ways of handling personal information.

The Privacy Impact Assessment identified areas of improvement, particularly in relation to maintaining privacy standards in accordance with the Privacy Act, which the government has committed to taking the appropriate steps to address. Already, Health Minister Hunt has published a determination that prevents data from being used for other purposes and ensures data is stored in Australia, with the legislation in support of this determination to be introduced in parliament’s next sitting in May. 

The fact that this document was made public highlights the importance the Australian Government is placing on the use of COVIDSafe, as a vital tool in helping Australia ease restrictions designed to prevent the spread of COVID-19, as well as addressing any privacy concerns, and ensuring that the Australian Government remains accountable to the Australian public for adequately managing the use of the information obtained.

Will it be effective?

Australia is not the only country adopting this type of technology, with other countries, who have been substantially affected by the spread of COVID-19 such as Germany, taking similar measures. In order to be effective in Australia, at least half of our population would need to install the app. 10 million Australians, given that within only 24 hours of its release more than 2 million Australians had signed up, signifies that the app is well on its way to being an effective tool in the fight against the spread of COVID-19.

Should I be suggesting my patients install this app?

The effect of COVID-19 on the Health System in Australia has been immeasurable, and anything that can positively assist in reducing this burden is something we, as lawyers, agree doctors should be recommending to patients, with both the Australian Medical Association and the Australian Nurses Federation both support the use of COVIDSafe.

Further, the Australian Information Commissioner and Privacy Commissioner, Angelene Faulk advised that she was confident that important strategies have been put in place to protect personal information so that the app can be used as an effective tool to address the public health crisis.

With 8 million Australians still needing to download COVIDSafe for it to be useful in easing restrictions and easing the burden on the health system, there is an opportunity to show our support, by recommending that patients download the app, and if we are comfortable, downloading it ourselves.

QUESTIONS?

If you would like to enquire how we might work together to assist you, connect with us. We look forward to being able to support you to minimise your risk and maximise your potential.