Private data gathered via QR code check-ins and contact tracing could potentially be shared, despite state government promises that would never happen.

A Supreme Court ruling has confirmed personal information shared with contact tracers or through QR codes does not have “absolute protection”.

It means authorities such as WorkCover or crime agencies could apply to the court to access the data in the future.

The legal wrangling occurred between the Department of Health and WorkSafe as it investigated the government’s handling of the hotel quarantine program.

WorkSafe wanted personal and contact information of guests and staff.

The Department of Health refused, sparking a lengthy battle which ended up in the Supreme Court.

The state government sought for the case to be suppressed for five years, the maximum suppression term available.

Connor O’Beirne from Thomson Geer Lawyers, who worked alongside the Herald Sun to break the story, told Shane McInnes, filling in for Neil Mitchell, the Health Department “were adamant that this case should remain suppressed from the public because it could damage not just the response to COVID but any other potential pandemic that may be out there”.

He says whether or not QR data could be shared remains “a very live question”.

“It’s not definitive, they may well succeed on a public interest sort of argument but that’s certainly not the case at the moment,” he said.

Press PLAY below to hear more about the Supreme Court ruling and who could access check-in details

Media lawyer at Thomson Geer lawyers, Justin Quill, says he’s not surprised at the judge’s ruling that information shared with contact tracers or through QR codes could be shared with third parties.

“It is something that Victorians ought to know,” he told Seb Costello, filling in for Tom Elliott.

“It’s important that they know that what they were told by the government wasn’t right.

“The government told us this information would always be confidential, I’m surprised they felt that they could say that so strongly, but it’s apparent that either they had bad advice or they deliberately chose to give us bad information. One of those things must be true.

“The government told us this information would always be confidential, I’m surprised they felt that they could say that so strongly, but it’s apparent that either they had bad advice or they deliberately chose to give us bad information.

“Then, worse, they tried to keep it secret.”

Press PLAY below to hear Justin Quill’s view