Fever measurement on an employee with scanning gun on wrist

Can you measure a fever in employees?

Because companies want to get back to work, but in a responsible way, measuring the fever of employees is in the spotlight. In the first media reports, the general opinion was that an employer cannot impose such a fever measurement, referring to the Personal Data Authority and the General Data Protection Regulation. In the meantime, the Authority for Data Protection has reversed its first position. Even within the AVG you are allowed to measure a fever of your employees, but there are conditions for this.

Measuring a fever is allowed, recording is not

The AVG does not apply if only the temperature is read and it is not registered or enters an automated system, states the Personal Data Authority on its website. A person's temperature is medical data. And that is special personal data. It is usually prohibited to process special personal data, unless there is an exception in the law. The only exception that might apply in this situation is if the person gives explicit permission for his or her temperature to be taken. But beware: consent does not always apply, because it often won't be free. For example, asking permission is not possible if you are an employer.

Same as a check

The rules for measuring the fever of employees are therefore no different than those for the health check, also known as the check-up interview, which entrepreneurs with a contact profession and in the hotel and catering industry are obliged to give their employees and customers in this age of coronation. If the answers give cause to do so, the entrepreneur may refuse the person in question, but you may not record the results of the health check. The advantage of working with a contactless fever meter is that it gives a more reliable value than the instinctive answer of the employee or guest.

National media

Meanwhile, the new position has penetrated the national media. For example, NRC headlines The boss may still temperature his employeesand the Financieel Dagblad also makes a contribution: 'Measuring temperature at work? This is allowed, says regulator AP'. De Volkskrant writes about chip manufacturer ASML, which also has its employees take their temperature before they are allowed to enter. At AMSL, they use a thermal camera to scan body temperature. If an employee has difficulty with this method of measuring a fever, there is the option of taking their own temperature in a separate room.

More advice

More advice on the (legally) responsible use of fever measurement among employees you can find here.




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