Temperature Checks and Data Privacy Under the CCPA
- November 09, 2020
Businesses across California are checking their customers’ temperatures to combat the spread of COVID-19. While checking temperature can be a great tool to slow the spread of COVID-19, does it also present a data privacy issue? The California Consumer Protection Act (“CCPA”) protects a wide range of consumer information from being stored without consent and imposes hefty civil penalties on offenders. The CCPA defines “Biometric Information” as an individual’s biological data “that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes…health, or exercise data that contain identifying information.” While it is unclear whether someone’s body temperature constitutes “Biometric Information” under the CCPA, there is a strong possibility California courts will take this position. Therefore, companies that store customer temperature information may be subject to the CCPA. Accordingly, companies must comply with CCPA disclosure requirements every time they record and store customers’ temperatures. Check out this article by Mintz Levin to learn more about recording customer temperature data in California.