Coronavirus: Test, Track and Trace
The development of the NHS ‘Test and Trace’ scheme is a key part of the government plan to manage Coronavirus.
As more children, families and staff are returning to our settings, the safety and wellbeing of all is a priority. Planning to manage a safe return is in place, however our responsibility extends beyond this.
We hold a lot of data, and it may be necessary for us to share that data on request from NHS Test and Trace workers. We will do this and will play our part in making this process as effective as possible.
If a setting is contacted by NHS Test and Trace
It is likely that we will be asked to provide contact details if a case of Coronavirus or a suspected case arises in one of our settings and there is an obligation on us to support the government’s planning. We will therefore provide details as requested to comply with the request.
We will be sharing data on the basis that this is a Public Duty (see below) and that in the case of any health data it is necessary for the public interest. Please be assured that we will keep a record of information that we share.
This Privacy Notice should be read in alongside the other GDPR and Data Protection information on our website. If you have any questions, please contact your Nursery Manager in the first instance.
NHS Test and Trace and the law The law on protecting personally identifiable information, known as the General Data Protection Regulation (GDPR), allows Public Health England to use the personal information collected by NHS Test and Trace.
The section of the GDPR that applies is: Article 6(1)(e) ‘processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller’
As information about health is a special category of personal information, a further section of the GDPR applies:
Article 9(2)(i) ‘processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of healthcare’
Public Health England also has special permission from the Secretary of State for Health and Social Care to use personally identifiable information without people’s consent where this is in the public interest. This is known as ‘Section 251’ approval and includes the use of the information collected by NHS Test and Trace to help protect the public from coronavirus.
The part of the law that applies here is Section 251 of the National Health Service Act 2006 and the associated Health Service (Control of Patient Information) Regulations.