Invasive surveillance through thermal scanning
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.
Invasive surveillance through thermal scanning
Organisation Name
Big Brother Watch
Country/Jurisdiction
United Kingdom
Amount Granted
EUR 66,820
Current Status
Complete, goals achieved before litigation
Grant type
COVID-19 Litigation Fund
Description
Thermal scanning 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 planned 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.
Big Brother Watch identified dozens of operators of thermal surveillance technology, including schools, restaurants, Heathrow Airport, and Amazon UK, and wrote letters outlining the evidentiary and privacy issues and making the case for them to stop. This advocacy was successful, with most operators desisting use of thermal surveillance. In the end a specific claim did not need to be taken to court.
A legal opinion was also produced, which advises on the data protection principles that apply to thermal scanning. It is hoped this legal opinion can be a useful resource to organisations considering biosurveillance options now or in the future.
"...unlawful and unevidenced use could lead to unnecessary violations of data protection rights, contributing to further invasive surveillance"
Strategic Goal
To ensure a more evidence-led, rights-respecting and data protection respecting approach to surveillance during the pandemic, particularly related to thermal scanning, and to set a precedent confirming that other rights are being indirectly violated by the imposition of thermal scanning.