APD/GBA (Belgium) - 48/2022
| APD/GBA (Belgium) - 48/2022 | |
|---|---|
 | |
| Authority: | APD/GBA (Belgium) |
| Jurisdiction: | Belgium |
| Relevant Law: | Article 5(1)(c) GDPR Article 6(1)(e) GDPR Article 9(2)(g) GDPR Article 12 GDPR Article 13(1)(c) GDPR Article 13(2)(e) GDPR Article 24 GDPR Article 35(1) GDPR Article 35(3) GDPR Article 35(7)(b) GDPR |
| Type: | Investigation |
| Outcome: | Violation Found |
| Started: | |
| Decided: | 04.04.2022 |
| Published: | 04.04.2022 |
| Fine: | 200000 EUR |
| Parties: | Brussels airport Ambuce Rescue Team |
| National Case Number/Name: | 48/2022 |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Dutch |
| Original Source: | APD (in NL) |
| Initial Contributor: | n/a |
The Belgian DPA has fined Brussels airport (200.000 €) and the medical campany (hired as processor but considered as controller) for carrying out temperature checks with thermal cameras on passengers without legal basis, without adequate information, and without appropriate DPIA.
English Summary
Facts
The inspection service of the BE DPA conducted an inspection on the temperature checks carried out by the Brussels airport, as instructed by the Board of Directors of the BE DPA.
A first line of check was performed with thermal cameras. All passengers whose temprature was measure above 38 degrees were invited to be abalysed by a medical service, acting in second line, to carry out a diagnosis (performed by a doctor and using a form). The information was strored on paper and electronically and potentially shared for contact tracing.
Holding
1. the DPA concluded that the airport was the controller foprp the processing of data in the context of the first line.
The airport and the medical service were considered as joint-controllers for the second linde processing. The DPA considreed that the qualification under the contractual agreement was not bindingi upon the DPA (in accordance with the EDPB guidelines on the same).
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English Machine Translation of the Decision
The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.
