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New Technologies, Data Protection, 01/06/20

Temperature checks and their effects on data protection regulations.


 

As part of the ongoing de-escalation process in the measures against the spread of the coronavirus and the gradual opening of workplaces (with or without the presence of customers), many companies are considering measures such as taking the temperature of customers or people (visitors, suppliers, etc.) who come to the workplaces or customer service areas.

Since taking temperatures involves collecting health data from the affected individuals, the following should be taken into account according to the instructions recently published by the Spanish Data Protection Agency (AEPD):

– This measure has not been imposed (at the moment) by any health authority and its effectiveness is also unclear.

However, occupational health and safety regulations require employers to take effective measures to guarantee worker safety; therefore, temperature checks could only be justified for this reason. We have an informational poster if you need it.

– If there is any suspicion or certainty of a positive case (among workers or visitors), you must inform your risk prevention service, taking the appropriate internal measures to ensure the safety of the workers, if possible, without revealing the identity of the infected person.

– In any case, the maximum confidentiality of the data obtained must be guaranteed.

We remain at your disposal for any questions or comments regarding this matter.

Greetings,

 

Victor Roselló

 

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