The guidance for collecting customers contact data on licenced premises has been revised following discussions with Public Health. Here is a summary of the changes and the important points to note –
- If you are an organisation whose activities have the potential for anyone to be within 2 meters for more than 15 minutes, you must ask for the collection of contact information. This of vital importance to the contain strategy to protect our Island from the transmission of COVID 19.
- You must ask customers to share their contact details, explain why you are doing so, and provide them with the information required by the Data Protection (Jersey) Law 2018.
- The conditions that allow you to lawfully process data will likely be met through consent by the individual and legitimate interest of that individual, your business and the public health efforts to tackle Covid-19.
- Although you must ask for contact details and should not deny a customer entry or service if they refuse, your statutory rights under Article 16 of the Licensing (Jersey) Law 1974 still apply.
- Under Article 9 of the Licensing (Jersey) Law 1974, the Attorney General may refer any matter relating to a licence to the Licensing Assembly, who would make a decision on how to deal with the matter in all the circumstances of the case, and may, if necessary, impose licence conditions or, as a worst case scenario, suspend or revoke a licence when the requirement to ask for customer contact information is not being met.
The revised guidance has not changed the need or content of the information required.