Keypoint: The use of no-contact temperature taking devices can be an important part of a company’s return-to-work program, but companies should fully vet these devices to ensure that they are not unintentionally violating privacy laws or exposing themselves to potential liabilities.

As U.S. companies start planning and implementing return-to-work plans, many are considering whether to use no-contact temperature taking devices.

The federal government has recognized that taking temperatures is a step that companies can take to mitigate the risk of spreading coronavirus. For example, the CDC interim guidance for critical infrastructure workers recommends that employers “measure the employee’s temperature and assess symptoms prior to them starting work.” EEOC return-to-work guidance also recognizes that employee screening “may include continuing to take temperatures . . . of all those entering the workplace.”

States and cities also have recommended taking temperatures. For example, in Colorado, the Governor’s office has encouraged large workplaces to implement symptom and temperature checks as part of the state’s gradual return-to-work strategy. New York Mayor Bill de Blasio has stated that temperature checks will be part of the City’s return-to-work program. New Jersey Governor Phil Murphy suggested that restaurants could check temperatures before allowing customers to enter.

However, the taking of temperatures creates logistical issues such as who should take the temperatures, what precautions should be in place, and when and where the temperatures should be taken. As with many other facets of this pandemic, companies have looked to technology to answer some of these questions, and there are many solutions – some old, some new – in the marketplace.

Depending on the type of device, the use of no-contact temperature taking devices can raise numerous privacy issues. As companies begin to vet and implement these devices, they will need to ensure that they do not unintentionally violate privacy laws or assume potential liabilities.


Continue Reading U.S. Privacy Law Implications with the Use of No-Contact Temperature Taking Devices

Texas flagThe 86th Texas Legislature passed several bills related to cybersecurity during its regular session, which came to a close on May 27, 2019.

Texas Privacy Protection Advisory Council

HB 4390, which creates a Texas Privacy Protection Advisory Council to study privacy laws in Texas, other states, and relevant foreign jurisdictions, has been sent to the Governor for signature. Composed of members of the Texas House of Representatives, Texas Senate, and relevant industry members appointed by the Governor, the Council will be charged with recommending statutory changes regarding privacy and protection of information to the Legislature. The Council will expire on December 31, 2020.


Continue Reading 86th Texas Legislature Passes Bills Related to Cybersecurity

Texas flagAs we previously reported, the Texas legislature has been considering two bills directed at addressing consumer privacy. Those bills were proposed in the wake of last year’s enactment of the California Consumer Privacy Act.

On May 7, 2019, the Texas House voted overwhelmingly to pass one of those bills – HB 4390 – however, the version it passed was significantly amended and will no longer provide any privacy rights to Texas residents.


Continue Reading Texas Looks Unlikely to Pass CCPA-Like Consumer Privacy Legislation