Thermal scanning has expanded in pandemic times to places like airports, schools, workplaces, and retailers. The concern is that unlawful and unevidenced use could lead to unnecessary violations of data protection rights, contributing to further invasive surveillance that violates other rights, such as the right to education and freedom of movement.
Big Brother Watch are planning to take a claim in the UK High Court against a data controller using thermal scanning technology, to confirm that thermal scanning results are “personal data” under data protection law, that impact assessments are needed before scanners are used, and that the technology must be created and implemented in line with data protection law.