"Tech That Saves EU Firms From Covid-19 Could Kill Them in Court," 1 June 2020

With lockdowns lifting, many employers plan to use systems, including fever-detecting thermal cameras, mask-checking systems and corporate contact-tracing devices, to help prevent new Covid-19 outbreaks. But in the European Union, where privacy laws are strict and health and safety rules can vary by country, businesses need to tread a narrow path to avoid hefty data-protection fines or incurring criminal liability over worker safety.

GDPR and privacy watchdogs have been surprisingly flexible during the crisis on the use and collection of data to protect people’s health…Still, there are limits on how much data can be collected or how long it’s stored. Even though data-protection rules are harmonized, national watchdogs may have different views on how far employers can go.

…Typically, organizations would obtain a person’s consent to process personal data. But an imbalance of power in a workplace means workers can’t truly give free permission, so employers need other lawful justifications for collecting information.