Between masks and curfews: Critical synopsis of the guidance issued by national supervisory authorities on analogue and digital body temperature measurement in the context of the COVID-19 pandemic in the EU

An on-going discussion at Member State level refers to whether thermal imaging and body temperature checks fall under the scope of the General Data Protection Regulation and its respective national implementing laws, as part of a number of containment measures adopted at the combat against COVID-19. Diverse conclusions appear to have emerged by national supervisory authorities, which reflect the national differences in the application scope of the data protection regime in conjunction with emergency legislations and the differences in the implemented tools and case-by-case contexts. This paper briefly catalogues a number of national COVID-19 measures across the EU which may be purely analogue, digital or hybrid, enacted during the pandemic with specific emphasis on body temperature readings. It further explores the guidance issued by national data protection authorities and proceeds with a thorough comparative analysis, highlighting the observed similarities, diversions and outstanding elements. The paper concludes with a set of good practices, as perceived by the authors, in the way authorities have been communicating their views and guidance during the pandemic.