The Health Protection (Coronavirus, International Travel and Operator Liability) (England) Regulations 2021

Power to use and disclose information E+W

22.—(1) This regulation applies to a person (“A”) who holds information described in paragraph (2) (“relevant information”), including where A holds that information as a result of disclosure made in accordance with paragraph (4).

(2) The information referred to in paragraph (1) is—

(a) information provided on the Passenger Locator Form;

(b) DA information received for a purpose described in paragraph (4)(a)(i);

(c) the result of any test undertaken in accordance with Schedule 10 and any information A obtained under paragraph 4(b) or (c) of that Schedule;

(d) where a person (“P”) is required to self-isolate under these Regulations—

(i) the details of any such period of self-isolation (including the start and end dates of that period and the reason it was imposed),

(ii) a copy of any notice given to P which contains information about the requirement to self-isolate,

(iii) information generated where P books, or attempts to book, accommodation as part of a managed self-isolation package,

(iv) the details of any location in which P undertakes any period of managed self-isolation (including the name and address of the location),

(v) information relating to P obtained by A in the course of providing accommodation to B pursuant to a managed self-isolation package (including P's room number, the personal details of any of P's co-habitants, and the details of any absence of P, authorised or otherwise, from the place where P is self-isolating),

(vi) information relating to P obtained by A in the course of providing transport to a location at which P undertakes, or is due to undertake, any period of managed self-isolation,

(vii) information relating to P obtained by A in the course of providing any service in connection with a managed self-isolation package;

(e) where P is required to obtain a testing package or undertake a test under regulation 6 or Schedule 8—

(i) information generated where P books, or attempts to book, a testing package for the purposes of regulation 6,

(ii) a copy of any notice given to P which contains information about the requirement to book a testing package or to undertake a test,

(iii) information A obtained under paragraph 10(3) or (4) of Schedule 8,

(iv) the results of a test undertaken by P in accordance with Schedule 8 (whether or not that test was provided as part of a testing package),

(v) information obtained by A in the course of providing a test that falls within paragraph (iv) and is undertaken, or in the course of arranging for such a test to be undertaken, by P (including confirmation that the test was undertaken, details of when and where it was undertaken, any reasons for a test not be being undertaken and the details of any replacement test to be undertaken);

(f) information provided to an immigration officer pursuant to regulations 3(7), 4(4) or 6(11);

(g) where a sample taken in respect of a day 2 test under regulation 6 has been sequenced, the sorted BAM file relating to that sample containing all reads aligning to the SARS-CoV-2 reference genome with unaligned and human reads removed;

(h) information provided by, or on behalf of, A by way of explanation for failing to comply with regulation 3, 4 or 6, or paragraph 3 of Schedule 8; or

(i) information about any steps taken in relation to A, including details of any fixed penalty notice issued under these Regulations.

(3) A may only use relevant information where it is necessary—

(a) for the purpose of carrying out a function under these Regulations;

(b) for the purpose of—

(i) preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii) monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii) giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease; or

(c) for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(4) Subject to paragraph (7), A may only disclose relevant information to another person (the “recipient”) where it is necessary for the recipient to have the information —

(a) for the purpose of carrying out a function of the recipient under—

(i) these Regulations, or

(ii) an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in sub-paragraph (b);

(b) for the purpose of—

(i) preventing danger to public health as a result of the spread of infection or contamination with coronavirus or coronavirus disease,

(ii) monitoring the spread of infection or contamination with coronavirus or coronavirus disease, or

(iii) giving effect to any international agreement or arrangement relating to the spread of infection or contamination with coronavirus or coronavirus disease; or

(c) for a purpose connected with, or otherwise incidental to, a purpose described in sub-paragraph (a) or (b).

(5) A constable or a person responsible for arranging or providing services (including security services) in respect of accommodation as part of a managed self-isolation package may, where necessary for the purpose of carrying out a function under these Regulations, request from B the following information—

(a) confirmation that P possesses a testing package for the purposes of regulation 6 and the details of that testing package (including the time and date of the tests);

(b) confirmation that P has undertaken any test in accordance with a testing package and, if not, an account of the reasons;

(c) the result of any test P has undertaken in accordance with a testing package.

(6) Subject to paragraph (8), disclosure which is authorised by this regulation does not breach—

(a) an obligation of confidence owed by the person making the disclosure; or

(b) any other restriction on the disclosure of information (however imposed).

(7) This regulation does not limit the circumstances in which information may otherwise lawfully be disclosed under any other enactment or rule of law.

(8) Nothing in this regulation authorises the use or disclosure of personal data where doing so contravenes the data protection legislation.

(9) For the purposes of this regulation—

(a) “data protection legislation” and “personal data” have the same meanings as in section 3 of the Data Protection Act 2018 M1 ;

(b) “DA information” means information provided in accordance with, or as described in, an enactment which, in Scotland, Wales or Northern Ireland, has the effect of requiring the isolation or quarantine of persons who have been outside the common travel area, for any of the purposes described in paragraph (3)(b);

(c) “managed self-isolation” means self-isolation in accordance with Schedule 11.

Commencement Information

I1 Reg. 22 in force at 17.5.2021 at 4.00 a.m., see reg. 1(2)

Marginal Citations

M1 2018 c. 12; relevant amendments to the definition of “data protection amendment” were made by S.I. 2019/419.