Wed, Dec
93 New Articles

Hungarian DPA Releases Guidance on Body Temperature Measurement

Hungarian DPA Releases Guidance on Body Temperature Measurement

  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

On 14 October 2020 the Hungarian Data Protection Authority (NAIH) has released its guidance on body temperature measurement in relation to COVID-19.

In March 2020, NAIH stated that it is not possible to apply general body temperature screening. Due the current COVID-19 situation they recently revised their approach and concluded that this is now possible.

NAIH came to the conclusion that the use of diagnostic screening devices related to the measurement of body temperature in the current pandemic situation qualifies as being in compliance with the data protection principles, provided that all the following conditions are met:

  • it is used in the course of allowing entry to the area or buildings owned or used by the controller;
  • it is used as a protective measure uniformly with every person desiring to enter (“shell protection”);
  • it is not linked to the identification of the subject of the body temperature check expressly to achieve this processing purpose; and
  • it does not involve the recording, storage or transmission of data in any way.

NAIH also stated that it cannot be unambiguously concluded merely from the fact that a person’s body temperature is higher that he/she is infected with the coronavirus, hence the controller may not draw any conclusions concerning the health status of any given person based on the measurement of body temperature upon entry. The controller is only entitled to permit or refuse entry based on objective criteria specified in advance. If controller refuses entry, the further handling of the situation falls in the competence of the data subject (e.g. consulting a doctor, sick leave and sick pay, informing the workplace superior, etc.).

It is also to be noted that exceptional cases may occur when a person’s body temperature is higher than the average, e.g. because of some kind of disease or medical therapy. In such case, it is possible for the controller to accept a certificate issued by a doctor stating that the person is entitled to join the community in spite of a higher body temperature.

By Adrienn Megyesi, Partner, KCG Partners Law Firm

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

Firm's website.

Our Latest Issue