Employers who measure the body temperature of their employees before they are allowed inside. Or measuring the temperature of their visitors, such as truck drivers coming to unload cargo.
The Autoriteit Persoonsgegevens (AP) hears that this happens regularly. However, these organizations are in violation, risking a large fine.
Aleid Wolfsen, chairman of the AP: "Of course, we all want to get back to work as soon as possible and put this corona crisis behind us.
We hear that all kinds of organizations are using various means to quickly check people for fever. Not only with a thermometer, but also with thermal cameras.
You shouldn't. From the privacy law, the General Data Protection Regulation (AVG), this is a serious violation. If this happens, we as AP will take enforcement action.
It is illegal to temperature people and thereby process their health data. Unless a large number of conditions are met. Often this is resolved by asking permission.
But in an employment relationship, this is not possible because there is no equivalence there. An employee may then feel pressured to give consent.
A business owner may not play doctor. Only a doctor may do health tests. And process staff medical records.
Employers may not ask about the health of their employees. Moreover, employers are not allowed to process medical data on staff themselves.
Does a company receive a visitor, for example a driver who wants to load and unload goods? Then the company may not ask this driver for permission to take his temperature either.
Indeed, there is no equivalence here either. The driver does not have to agree to it, but then finds himself in a difficult situation.
Both the driver and his employer have an interest in allowing him access to the premises. Thus, the driver will feel compelled to give permission.
Wolfsen: "We don't want to wake up in a few months in a society with a kind of Chinese situation, in which the employer is constantly watching you and can even see your healthcare data and attach all kinds of consequences to it.
We advise employees of companies that measure their temperature to raise this with the works council and with the data protection officer (FG), if the company has one. Does it not stop immediately? Then the AP can take enforcement action and stop the processing.'
This news item can also be found in the files AVG, Privacy in the workplace and Coronavirus
