Tempering or testing as an access pass?

We have been working from home en masse in the Netherlands for quite some time now, but of course this is not possible in every industry. Companies, including those in the production industry, are therefore looking for solutions to still work safely on location. For example, there are companies that measure the temperature of visitors and employees at the entrance. Another possibility is to take a rapid test. But what about this, with an eye on privacy laws?

It is important to note first of all that both the taking of a temperature and the taking of a rapid test result in data concerning a person's health. The processing of such special personal data is not permitted under the General Data Protection Regulation (AVG) in many cases. However, data such as a body temperature is only personal data if it can be traced back to a specific person. The AVG does not apply if the temperature is only read and not stored in a particular file. This does require that the reading is not done automatically by, for example, a thermal camera and does not result in automatic gates being opened. Placing a thermometer at the entrance that visitors can use to measure their own temperature is therefore permitted in principle, provided the data is not stored.

In addition to temperatures (the effectiveness of which, incidentally, is still under debate), a rapid test could also offer possibilities for guaranteeing a safe business location as much as possible. First of all, it is important to note that a rapid test may only be taken by a healthcare professional. Furthermore, the AVG does not apply here either, if the results of the rapid test are only read and not stored and this is not automated.   

Do you want to store the data from a temperature check or rapid test? Then, in principle, permission is required. This consent must be freely given. Think of a visitor to a business location who agrees to have his or her temperature taken. In the relationship between an employer and an employee, however, consent cannot be freely given. In this regard, also read the article "Commercial coronatest for employees; a godsend?" and "Temperature update - employers beware." Both measuring temperatures and reading results from a rapid test can offer a possible solution for creating a safe workplace. It is important to observe privacy regulations in doing so, but let's hope that such measures will not be needed for too long....