The answer to this question is simple - it is allowed. The question of how to do it legally is much more difficult. Some experts suggest to collect such data on the basis of consent, others do not recommend such a solution. So how should an employer behave in the face of contradictory opinions?
It appears that the data on employees' body temperature should not be collected on the basis of consent (Article 9(2)(a)), as the basic conditions for consent are not met (Article 7 of the GDPR and Recital 43 GDPR). It therefore appears that the employer taking such action should look for other legal basis, which derive both from the GDPR provisions and other national legislation.
Below are a few possible legal basis:
Where the measurement concerns employees, the employer may justify the data processing of the data with:
Even in exceptional situations, such as the coronavirus pandemic, it is important to keep in mind the basic principles of personal data processing:
Information on data processing should be easily accessible and written in a way that is understandable to all.
Personal data collection should be secured by appropriate technical and organisational measures.
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