There was an array of legal contraventions that justified the fines, including the absence of a clear legal basis for the monitoring, lack of transparency about what was happening and failure to conduct proper risk assessments, in breach of the requirements of the GDPR. Legal basis, transparency and risk assessments The system is being tested in the international terminal and can flag passengers who have a fever, one of the symptoms of the coronavirus. LOS ANGELES, CALIFORNIA – JUNE 24: Travelers are displayed on a video screen walking past a test … system of thermal imaging cameras which check body temperatures at Los Angeles International Airport (LAX) amid the COVID-19 pandemic on Jin Los Angeles, California.
The use of thermal cameras and questionnaires in this way caused personal data to be captured, which is a processing activity regulated by data protection law. Both airports used thermal cameras for checking passengers’ temperatures and one of the airports supplemented this by requiring passengers with temperatures of 38 O Celcius or above to complete questionnaires that asked for other information about their symptoms and additional health information. Earlier this month the Belgium data protection regulator fined two airports and a contractor under the EU GDPR for unlawful monitoring of airport passengers for Covid.
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