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Brussels Airport Zaventem – €200,000 Fine (Belgium, 2022)

€200,000Autorité de Protection des Données4 April 2022Belgium
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Fine

Privacy enforcement record

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Brussels Airport Zaventem was fined for using thermal imaging to check passengers' temperatures without a proper legal basis. The airport's actions during the pandemic raised concerns about privacy violations. This case illustrates the necessity for clear legal grounds when processing sensitive health data.

What happened

Brussels Airport Zaventem monitored passengers' temperatures and collected health data without a valid legal basis.

Who was affected

Passengers whose temperatures were checked and health data was collected at Brussels Airport Zaventem.

What the authority found

The data protection authority found that the airport lacked a valid legal basis for processing sensitive health information, violating privacy regulations.

Why this matters

This ruling emphasizes the importance of having a clear legal basis for processing sensitive data, especially during public health emergencies. It serves as a caution for other businesses to ensure compliance with privacy laws.

Recorded legal citations
Automatically processed
Art. 12 GDPR
Art. 5(1)(c) GDPR
Art. 6(1)(e) GDPR
Art. 9(2)(g) GDPR
Art. 13(1)(c) GDPR
Art. 13(2)(e) GDPR
Art. 35(1) GDPR
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Art. 5(1)(c) GDPR
Art. 6(1)(e) GDPR
Art. 9(2)(g) GDPR
Art. 12 GDPR
Art. 13(1)(c) GDPR
Art. 13(2)(e) GDPR
Art. 35(1) GDPR
(3)
(7) b) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

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Full Legal Summary
Detailed

The Belgian DPA has fined Brussels Airport Zaventem EUR 200,000. The DPA had launched an investigation against the airport following media reports about temperature monitoring of persons at the airport. Due to the Covid-19 pandemic the airport used thermal imaging cameras to filter out people with body temperatures above 38 degrees. Those filtered out were then required to answer questions about possible coronavirus symptoms. The DPA particularly noted that the airport did not have a valid legal basis for processing this health data. Health data constitute sensitive data according to Art. 9 GDPR. These may only be processed in exceptional cases pursuant to Art. 9 (2) GDPR. One such exceptional case is processing on the grounds of public interest in the area of public health. For this, however, the processing must be based on a clear legal norm. In the present case, the processing was based on a protocol which did not meet these requirements. In addition, the DPA found deficiencies in the data protection impact assessment. Moreover, the airport failed to properly inform the data subjects about the processing of the data.

Related Enforcement Actions (0)

No other enforcement actions found for Brussels Airport Zaventem in BE

This is the only recorded action for this entity in this jurisdiction.

Details

Fine Date

4 April 2022

Authority

Autorité de Protection des Données

Fine Amount

€200,000

About this data

Data: CMS GDPR Enforcement Tracker
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Brussels Airport Zaventem - Belgium (2022). Retrieved from cookiefines.eu

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