Coronavirus: questionnaire yes, thermometer no!

Hungarian Data Protection Authority (“NAIH”) has just published its guidance on data processing activities related to coronavirus for employers. We shortly summarized the main content thereof:

2020. Mar. 12.
  1. NAIH is expecting those general actions from employers which guarantee the safe working environment for employees: For example: preparation of epidemiological/business continuity action plan, developing and providing a detailed notice on the most important information on coronavirus.
  2. Based on the guidance, having questionnaires filled out by employees or other visitors is legitimate on travel information or possible contact with infected person, but asking for any other healthcare related information or requiring any health document is not proportional according to the NAIH’s view.
  3. In contrast with questioners –except in special cases – NAIH stated, that mandatory healthcare screening tests or usage of thermometer shall not be considered as proportional. The Hungarian Data Protection Authority emphasizes, that such actions could be taken only after a risk assessment, including necessity and proportionality test and also after providing a proper and detailed privacy notice to the employees and visitors. However such test including the measurement of the body temperature must be conducted by health care professional or under his/her liability.

As far as we are concerned consultation is still ongoing between data protection authorities from the member states of the European Union in order to standardize their standpoints, and also the epidemiological situation is changing day by day, therefore it is possible that these guidance and standpoints will change rapidly. Of course our Firm will monitor any updates. For any further information please contact our office, we are gladly answer your questions and assist you to prepare the necessary documents (proportionality test and privacy notice).

Dr. Kékuti Ákos



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