June 5, 2023

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Creative sports clubs with Corona’s rules: “Sweeping once is enough”

Gyms are actively looking for solutions now that they are obligated to conduct a Corona test with all their visitors from Saturday. Scanning all those QR codes is a big task, as technology can sometimes help. But the solutions gyms come up with aren’t always waterproof, according to Omroep Brabant inquiries. Trade Association NL Actief tolerate it.

At HealthCity Zuid, with gyms in Oisterwijk, Vught and Waalwijk, they are allowing customers to take a one-time corona check on their first visit. At Basic Fit, with 38 gyms in our county, they’ve adapted their entry gates so they can also scan QR codes. Both schools have sent extensive instructions to their clients about this in recent days.

International QR Code
For example, a one-time check-up at HealthCity South locations is sufficient. Customers must have their CoronaCheck app checked by an employee. According to an email to all members, “After the scan, we will turn off the alert and you can visit the club again in the usual way and the entrance gate will open as usual by scanning the phone or wristband.”

According to privacy attorney Mitchell Hendricks of Den Bosch, this appears to be an easy-to-use solution, but the system is by no means watertight: “Doing a corona check this way, with a one-time QR code scan is not enough according to corona law.” That’s because a negative corona test also gives a green tick in the CoronaCheck app, but it is only valid for 24 hours. Do you still get permanent access to HealthCity?

Roland Corsten of HealthCity South disagrees with this. He says he can see in the CoronaCheck app whether people have been tested or vaccinated. This can be done by selecting the international QR code, not the Dutch one. The international code already shows more information, as the Dutch code has been restricted for privacy reasons. According to Korsten, people who have “only” one test don’t get a mark in the system.

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privacy law
In Basic Fit they solved it differently. There, the entrance gates have been modified so that, in addition to visitors’ membership cards, they can also read the QR code from the CoronaCheck app. So athletes have to scan twice per visit. This is technically possible by programming the devices differently and no employee is involved.

However, according to Hendrix, there are also obstacles in this system. Because legally, in addition to the QR code, proof of identity must also be shown. Hendriks: “What you see happening is that organizations want to keep access checks applicable and therefore take privacy risks. In this case, that means that a copy of the identity document must also be included in the Membership Department, in order to be able to verify what If the QR code belongs to that person.”

But this is not allowed under the privacy legislation: “For the corona examination, it is sufficient only to show proof of identity. Therefore, keeping an identity document is not permitted here.”

In fact, the only correct way, just like in the restaurant industry, is to ask each customer individually for a QR code and proof of identity. But for places people come back to often, it might not be necessary to check in with the same people over and over again. This will not decrease if QR scans are needed in more places.

HealthCity Zuid’s Korsten acknowledges that checking all customers takes an extra effort: “That’s why we’ve also consulted with the trade association NL Actief. They have told the gyms that they afford a one-time check on vaccinated people. As well as the name and date of birth in our system is done Tolerance is to verify this instead of asking for identity.”

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Basic Fit says that it does not actually require proof of identity, but is convinced that it can play an important role in the fight against the Corona virus.

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