Ligue des droits de l'Homme – Court Ruling (France, 2020)
General GDPR enforcement action
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A French court ruled against the removal of thermal cameras used in schools to check body temperatures, despite privacy concerns. The court found that while body temperature data is sensitive, the city did not have a valid legal basis for processing this data. This case highlights the balance between public health measures and privacy rights.
What happened
The court ruled that thermal cameras in schools, which check body temperatures, process sensitive personal data without a valid legal basis.
Who was affected
Students and staff at schools in Lisses, France, whose body temperatures were monitored by thermal cameras.
What the authority found
The court found that the city lacked a valid legal basis for processing body temperature data, which is considered sensitive under GDPR.
Why this matters
This case emphasizes the need for municipalities to ensure they have a legal basis for processing sensitive data, even for public health measures. It serves as a reminder that privacy rights must be considered alongside public safety.
GDPR Articles Cited
National Law Articles
The NGO « Ligue des droits de l’Homme » brought an action for interim measures under L 521-2 of the code of Administrative justice (“CAJ”), before the administrative judge of first instance of Versailles to remove fixe and portable thermal cameras installed in Lisses’ municipal offices and used in the entrance of schools to monitor the body temperature of agents and citizens. The NGO also required to suspend the execution of the decision allowing the installation of both kinds (fixed and portable cameras). After confirming that the GDPR applied, the judge of first instance issued an order rejecting the request. Thus, the NGO appealed the order before the Council of State (Conseil d’Etat) and requested mainly to annul the order, grant its request at first instance and enjoin the city of Lisses to adopt any appropriate measure to indicate that the processing of body temperature remains optional, under Art. L 521-2 CAJ. By virtue of Art. 521-2 CAJ, the interim relief judge may order any measures necessary to safeguard a fundame The supreme Court had to assess whether the right to the protection of personal data included in the right to privacy, constitute a fundamental freedom within the meaning of L 521-1 CAJ. Thus, if the judge could enjoin the city of Lisses to suspend the execution of its decision and remove the thermal cameras. Although the portable thermal cameras do not record personal data, the judge clarified that the decision based on the information captured by the thermal cameras must be regarded as a processing, within the meaning of Art. 4 GDPR. Indeed, the city report to the teachers and pupils the need to leave the school depending on the highness of the body temperatures captured. Furthermore, the judge held that the body temperature was accurate enough to identify individuals and must be regarded as a sensitive personal data under the GDPR. Regarding the lawfulness, the judge rejected all the legal bases claimed by the city and hold that the
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Ligue des droits de l'Homme in FR
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Ligue des droits de l'Homme - France (2020). Retrieved from cookiefines.eu
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