In this regulation—
| (a) |
"COVID-19 Tracing Database" |
means the database established by the National Department of Health in terms of subregulation (2); and
| (b) |
"COVID-19 Designated Judge" |
means a judge designated in terms of subregulation (13).
| (2) |
The National Department of Health shall develop and maintain a national database to enable the tracing of persons who are known or reasonably suspected to have come into contact with any person known or reasonably suspected to have contracted COVID-19. |
| (3) |
The COVID-19 Tracing Database shall include all information considered necessary for the contact tracing process to be effective, including but not limited to: |
| (a) |
the first name and surname, identity or passport numbers, residential address and other address where such person could be located, and cellular phone numbers of all persons who have been tested for COVID- 19; |
| (b) |
the COVID-19 test results of all such persons; and |
| (c) |
the details of the known or suspected contacts of any person who tested positive for COVID-19. |
| (4) |
The information contained in the COVID-19 Tracing Database and any information obtained through this regulation is confidential. |
| (5) |
No person may disclose any information contained in the COVID-19 Tracing Database or any information obtained through this regulation unless authorized to do so and unless the disclosure is necessary for the purpose of addressing, preventing or combatting the spread of COVID-19. |
| (6) |
Where any person is to be tested for COVID-19, the person taking the sample for purposes of testing must obtain as much of the following information as is available at the time of taking the sample— |
| (a) |
the first name and surname, identity or passport number, residential address, and cellular phone numbers of the person tested; and |
| (b) |
a copy or photograph of the passport, driver’s licence, identity card or identity book of the person tested, and promptly submit this information, along with any information it has regarding likely contacts of the person tested, to the Director-General: Health for inclusion in the COVID-19 Tracing Database. |
| (7) |
Where any laboratory has tested a sample for COVID-19, the laboratory must promptly transmit to the Director-General: Health, for inclusion in the COVID-19 Tracing Database— |
| (a) |
all details the laboratory has, including the first name and surname, identity or passport numbers, residential address and cellular phone numbers, regarding the person tested; and |
| (b) |
the COVID-19 test result concerned. |
| (8) |
The National Institute for Communicable Diseases (NICD) must transmit to the Director-General: Health, for inclusion in the COVID-19 Tracing Database— |
| (a) |
all details the NICD has, including the first name and surname, identity or passport numbers, residential address and cellular phone numbers of any person tested for COVID-19; |
| (b) |
the results of the COVID-19 test concerned; and |
| (c) |
any information the NICD has regarding likely contacts of the person tested. |
| (9) |
Every accommodation establishment referred to in subparagraphs (c)(vii) to (c)(ix) of Annexure D to these Regulations must, promptly after the coming into force of this regulation, transmit to the Director-General: Health, for inclusion in the COVID-19 Tracing Database, the following information regarding every person staying at the accommodation establishment during the period of lockdown— |
| (a) |
the first name and surname, identity or passport number, residential address and cellular phone numbers of the person concerned; and |
| (b) |
a copy or photograph of the passport, driver’s licence, identity card or identity book of the person concerned. |
| (10) |
The Director-General: Health may, in writing and without prior notice to the person concerned, direct an electronic communications service provider licensed under the Electronic Communications Act, 2005 (Act No. 36 of 2005) to provide him or her, for inclusion in the COVID-19 Tracing Database, with such information as that electronic communications service provider has available to it regarding— |
| (a) |
the location or movements of any person known or reasonably suspected to have contracted COVID-19; and |
| (b) |
the location or movements of any person known or reasonably suspected to have come into contact, during the period 5 March 2020 to the date on which the national state of disaster has lapsed or has been terminated, with a person contemplated in subparagraph (a), and the electronic communications service provider must promptly comply with the directive concerned. |
| (11) |
The information referred to in subregulation (10)— |
| (a) |
may only be obtained in relation to the location or movements of persons during the period 5 March 2020 to the date on which the national state of disaster has lapsed or has been terminated; |
| (b) |
may only be obtained, used or disclosed by authorised persons and may only be obtained, used and disclosed when necessary for the purposes of addressing, preventing or combatting the spread of COVID-19 through the contact tracing process; |
| (c) |
where relevant to the contact tracing process, must be included in the COVID-19 Tracing Database; and |
| (d) |
apart from what is included in the COVID-19 Tracing Database, may only be retained by the Director-General: Health for a period of six weeks after being obtained and shall thereafter be destroyed. |
| (12) |
Nothing in this regulation entitles the Director-General: Health or any other person to intercept the contents of any electronic communication. |
| (13) |
The Cabinet member responsible for justice and correctional services shall, in terms of section 7(1)(a) read with paragraph (d) of the definition of "service" in section 1(1) of Judges' Remuneration and Conditions of Employment Act, 2001 (Act No. 47 of 2001) request a judge or a Constitutional Court Judge who has been discharged from active service to perform service as a COVID-19 Designated Judge as provided for in the Regulations. |
[Subregulations (13) substituted by section 11 of Notice No. R. 465, GG43232, dated 16 April 2020]
| (14) |
The Director-General: Health must file a weekly report with the COVID-19 Designated Judge setting out the names and details of all persons whose location or movements were obtained in terms of subregulation (10)(a) and 10(b) respectively. |
| (15) |
The COVID-19 Designated Judge may make such recommendations to the Cabinet members responsible for cooperative governance and traditional affairs, health and justice and correctional services as he or she deems fit regarding the amendment or enforcement of this regulation in order to safeguard the right to privacy while ensuring the ability of the Department of Health to engage in urgent and effective contact tracing to address, prevent and combat the spread of COVID-19. |
| (16) |
The Director-General: Health shall, within six weeks after the national state of disaster has lapsed, or has been terminated, notify every person whose information has been obtained in terms of subregulation (10) that information regarding their location or movements was obtained in terms of subregulation (10). |
| (17) |
Within six weeks after the national state of disaster has lapsed or has been terminated— |
| (a) |
the information on the COVID-19 Tracing Database shall be de-identified; |
| (b) |
the de-identified information on the COVID-19 Tracing Database shall be retained and used only for research, study and teaching purposes; |
| (c) |
all information on the COVID-19 Tracing Database which has not been de-identified shall be destroyed; and |
| (d) |
the Director-General: Health shall file a report with the COVID-19 Designated Judge recording the steps taken in this regard, and the steps taken pursuant to subregulation (16). |
| (18) |
Upon receipt of the report in subregulation (17)(d), the COVID-19 Designated Judge shall be entitled to give directions as to any further steps to be taken to protect the right to privacy of those persons whose data has been collected, which directions must be complied with. |
| (19) |
The report required by subregulation (17)(d) and any directions given in terms of subregulation (18) shall be tabled in Parliament. |
[Regulation 11H inserted by section 6 of Notice No. R.446, GG43199, dated 2 April 2020]
National Small Business Act, 1996 (Act 102 of 1996)
