In the context of their return-to-work policies companies are seeking solutions to detect individuals with fever at the entrance of their premises with the aim of preventing further contamination within the buildings. This can be achieved by means of conventional thermometers, digital fever scanners directed at the forehead of the person, or sophisticated thermal camera systems. The Belgian Data Protection Authority has issued a guidance in which it adopts a strict position regarding the implications of temperature screenings for individuals’ data privacy rights. More specifically, it provides that the simple act of taking a temperature falls within the scope of the GDPR even if the temperature measurement itself has not been recorded. The guidance also provides that in light of Article 4, paragraph 2 of the GDPR, measuring temperature by means of an advanced digital process is subject to the requirements of the Regulation.

On 5 June 2020, the Belgian Data Protection Authority (DPA) issued a guidance regarding temperature screenings within the context of the return-to-work policies developed by companies following the COVID-19 pandemic. In the guidance, the Belgian DPA addresses, among others, the privacy concerns arising from different methods of temperature screening.