Recommendation 33

There are some safeguards built into the powers, but if these powers are to be retained beyond the six-month review, these safeguards should be strengthened a) The definition of “potentially infectious person” should be reviewed to ensure that its scope is not too wide and the powers are not open to abuse. b) The Act provides that these powers may only be exercised where necessary and proportionate in the interests of the person, for the protection of other people, or the maintenance of public health. The Government should ensure its guidance is up to date and available for officers regarding the application of this test. c) There should be minimum requirements for the designation of a “public health officer” to ensure only experienced and qualified persons are able to exercise such powers. d) There should be robust safeguards as to the length of storage of the biological information collected, its destruction and future use. The Government’s response to COVID-19: human rights implications 75 e) The only right of appeal provided for is in relation to powers exercisable post- screening and assessment. Individuals should be given a right of appeal to the Magistrates Court in relation to all powers, particularly given the option of judicial review is not an immediate and effective remedy for detained persons. f) Guidance from the Department for Health should be incorporated into the Act to state that if someone lacks the capacity to make an appeal, it can be made by someone on their behalf even if the person is not objecting or does not understand they can make a challenge. (Paragraph 156) Contact Tracing