Business owners who ban people from entry unless they have downloaded the government’s coronavirus contact tracing app will face five years in jail and a $63,000 fine under proposed laws.

The government has released a draft of its legislative backing to privacy and data protections for the COVIDSafe tracing app.

It proposes to make it illegal for anyone to refuse a person without the app entry to a public place, ban them from an activity or refuse to buy or sell goods and services to them.

The legislation would also make it an offence to access the data without proper authorisation and for the data to be stored anywhere outside of Australia.

All offences have a maximum penalty of five years in jail, a $63,00 fine or both.

The legislation also says records of the Bluetooth “handshakes” a user’s phone makes with people they come in close contact with must be deleted after 21 days or upon request.

And once the health minister and chief medical officer decide the app is no longer necessary on health grounds, all data must be erased from the server and people will be told to delete the app from their phones.

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