On 1 September 2020, the EDPS issued orientations on the use of body temperature checks by Union institutions, bodies, offices, and agencies (EUIs) in the context of the COVID-19 crisis. In its orientations, the EDPS defines basic body temperature checks conducted outside of the scope of Regulation 2018/1725 and those subject to the Regulation. Regulation 2018/1725 is the key legislation that lays down rules on how EU institutions, bodies, offices, and agencies should treat the personal data they retain on individuals (à eucrim 4/2018, 200-201). According to the EDPS, basic body temperature checks are principally not subject to Regulation 2018/1725 if they are designed to measure only body temperature, operated manually, and are not followed by registration, documentation, or other processing of individuals’ personal data.

Conversely, basic body temperature checks that are followed by the processing of individuals’ personal data are subject to the Regulation. Here, the EDPS recommends applying additional data protection safeguards, to make sure that the principle of data protection by design and default is respected and to regularly review the necessity and proportionality of these measures.