Orientations from the EDPS: body temperature checks by EU institutions in the context of the COVID-19 crisis

2020-09-14T09:59:09+02:0031 Ago 2020|Categorie: Articolo, In evidenza|Tag: , |

INTRODUCTION To prevent the spread of the Covid-19 contamination, the European Union Institutions (“EUIs”) have implemented, among other necessary health and safety measures (such as masks provision, disinfecting gel, contact tracing by health authorities, etc.), body temperature checks for the EUIs’ staff and visitors. Due to the fact that such checks can be implemented through a variety of devices and processes and, in some case, they may constitute an interference into individuals’ rights to private life and/or personal data protection, on the 1st September 2020, the European Data Protection Supervisor (“EDPS”) issued orientations on the use of body temperature checks by EUIs (“Guidelines”). The Guidelines may also be useful for the legal assessment required by the GDPR, with particular regard to the lawfulness of the processing, automated individual decision-making as well as technical and organisational measures to be implemented also by private entities for carrying out body temperature checks. THE GUIDELINES The EDPS distinguishes between those body temperature checks that are subject to the Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data (the “Regulation”) and [...]