Complaints about collection of contact tracing details at public facing businesses (FOI)

​Request

Since entering level 2 of the safe exit framework in June 2020, Jersey businesses including bars, cafes and restaurants have been asked to collect the contact details of their customers, for contact tracing purposes.

A
To date, how many complaints / reports has the government received about businesses not collecting customers' contact details?

B
How many of these complaints / reports led officers from the Health and Safety Inspectorate / Environmental Health / States of Jersey Police / the Honorary Police to visit the business about which the complaint / report was made?

C
How many proactive visits to businesses (eg visits when no complaint has been received) have been made by the agencies listed above, to check customers' contact details are being collected?

D
Please provide a table listing the outcomes of all these visits (eg x businesses prosecuted after being found not to be collecting contact details, y businesses offered words of advice after being found not to be collecting contact details, z businesses found to be collecting contact details, so no further action taken, etc)

Response

This response relates to the period from 6 August 2020, when the Health and Safety became responsible for leading the focused campaign to review compliance with the requirement to request customer contact details for contact tracing purposes. The data provided is correct as at 29 September 2020.

Health and Safety Inspectorate

A
93 complaints have been received by the Health and Safety Inspectorate (via the  workplacecovid@gov.je mailbox and hsi@gov.je mailbox) specifically relating to a failure to ask for customer details.

B
All 93 complaints have been actively followed up by a Health and Safety Inspector. In accordance with internal policy, every establishment that has been subject to a complaint has received a visit by a Health and Safety Inspector, either as a direct result of the complaint or as a proactive visit. If an establishment has a complaint following a proactive visit, follow up may be made by telephone 

C
130 food and drink establishments have been proactively visited to check whether customer contact details are being collected

D 
The manner in which the data is recorded does not easily facilitate a breakdown in the format requested, as advice may be given on many different elements of the collection of customer details, rather than simply whether information was being collected or not, for example, the type and nature of how information was collected, issues surrounding consent, data protection, retention of data etc. however:

• There have been no businesses prosecuted for a failure to request details
• Of the 130 food and drink establishments visited, approximately 20% were not recording customer details at the time of the visit. Following the provision of advice all were found to have introduced a system on follow up
• 2 warning letters have been sent following multiple complaints about a failure to ask for customer details

Environmental Health (information not specific to recording of customer details)

A
Environmental Health (EH) have received five complaints in addition to those received via the Health and Safety Inspectorate (HIS).

B and C
Three of these required a visit and two telephone contact to deal with. In addition EH staff have responded to enquiries passed on by HSI and worked in collaboration with the Contact Tracing team to supervise the deep cleaning of some 15 business premises.

D
EH has served one formal Notice with respect to Covid matters. There have been no prosecutions.