Airline temperature checks raise privacy concerns, experts say

Air Canada's plan to introduce mandatory temperature checksforallpassengers to screen forCOVID-19 cases is meantto assure Canadians it's safe to fly again but the policyraises privacy concerns, legal and privacy analystssay.

Privacy experts warn it could breach privacy laws to ask for such sensitive personal information if it's unnecessary and not evidence-based.

Canada's top doctorhas said temperature testing is "not effective at all" for identifying people who have COVID-19.The government also doesn't require airlines to conduct this newscreening measure.

Ann Cavoukian, Ontario's former information and privacy commissioner, calls Air Canada's move tobecome the first airline inNorth America to roll out these mandatory temperature checks "ridiculous."

"It's so outrageous what they're doing," said Cavoukian, who added she fears it's an opticsmeasure meantto makepeople feel more comfortable about getting back on planes.

"If I was commissioner, I would really clamp down hard and say to Air Canada, 'What authorization do you have to collect personal information?'"

After Air Canadaposted a billion-dollar loss during the initial phase of the pandemic, the hard-hit carrier is focusing on the relaunch of theindustry, scheduled for June, and ensuring it's safe for thepublic to get back on planes.The airline said it's required by law to monitor the fitness of travellers during the pandemic and the temperature tests are an additional layer of screening thatfulfils itsobligations.

"We recognize that a person's temperature alone cannot be used to determine COVID-19, however, we view temperature readings as a measure to help us meet the government requirement to be vigilant for potential cases," Air Canada said in a statement to CBC News.

'Temperature taking is not effective at all'

But the Minister of Transport's office said it has no plans to make the testing mandatory.

On the same day Air Canada announced its new measures, Canada's Chief Public Health Officer, Dr. Theresa Tam, saidtemperature testing is ineffective fordetecting people with the virus.

"The more you actually understand the virus, the more you begin to know that temperature-taking is not effective at all," Tam said on May 4. "Even if you are infected, we know that the likelihood of picking up someone who is symptomatic is sort of, relatively, inefficient."

People can mask a fever with medication and in many cases are asymptomatic altogether, she's said during the pandemic.

After this story first appeared, CBC News learned WestJet had started conductingtemperature checks as a pilot project on Monday. The airline confirmed the measureTuesday, saying it's taking temperatures at thebusiest airports Calgary, Toronto and Vancouver but has not expanded the programto the 38 domestic airports it serves.

"This screening further supports the government-mandated health questionnaires that are already in place," saidWestJet in a statement to CBC News."No personal data regarding the guest as it relates to their temperature is retained."

'Additional layer of safety screening'

Starting May 15, Air Canada customer serviceagents will be offeredas much head-to-toe personal protective equipment as a front-line worker at a hospital, according to their union. They'll be asked tohover a handheld device five centimetresfrom customers' foreheads, likely before going through security, said Unifor.

The device uses an infrared beam to capturea person's temperature in seconds. If a customer is found to have a temperature higher than 37.6 C degrees, Air Canada said it can consult with a medical expert and then decide if itwillturn the customer away.

Air Canada said the checks are part of a multilayered approach it'staking to minimize the risk of the virus.

"Temperature checks are an additional layer of safety screening as fever is a common COVID-19 symptom," said Air Canada. "While the percentage of customers we expect to detect with elevated temperatures and COVID-19 may be small, this measure does improve safety overall."

Other measures includesadditional physical distancing onboard, cleaning and disinfecting, contact tracing and specific measures for workers including wearing personal protective equipment. Transport Canada has also made it mandatory for passengers to wear masks or face coverings while on planes and in airports where they cannot physically distance from others.

'I think it's going to be a breach of privacy law'

Ottawa human rights lawyer Paul Champ believes the temperature test couldrun afoul of Canada's privacy laws.

According to Canada's Personal Information Protection and Electronic Documents Act, companiesmay only collect, use or sharepersonal information with meaningful consent and for purposes that are considered reasonable under the circumstances.

"It must be necessary andit must be proportionate, so with all the evidence we know about the ineffectiveness of temperature detectingsomeone with COVID-19, I think it's going to be a breach of privacy law," said Champ.

WATCH | A human rights lawyer explains why temperature testing is controversial:

'I think it's going to be a breach of privacy law' says human rights lawyer Paul Champ

4 years ago

Duration 0:36

If the real reason Air Canada is doing temperature checks is to give passengers a false sense of comfort to passengers that's not going fly if privacy commissioner investigates, says lawyer

"If the real reason why they're testingtemperatures is to give some false sense of comfort to passengers,well, that's simply not going to pass muster if the privacy commissioner ever investigates."

Guidance for companies

Canada'sprivacy commissioner, Daniel Therrien, hasn't received complaints about Air Canada's testing or examined the company's planin detail. But his office hasissued two documentssince the start of the pandemic to help guide companies subject to federal privacy laws.

Any measures launched by businessesto address COVID-19 that could impact Canadians' privacy must be evidence-based and follow the guidance of public health officials, according to the commissioner's office.

"Temperature checks involve the collection of sensitive personal information," said Therrienin a statement to CBC News. "Therefore, we expect any organization that launches such an initiative would ensure that it is necessary, proportionateand in accordance with direction and guidance from public health authorities."

Air Canada said its testing is "in accordance with all applicable laws and regulations" and it has the ability to consult with medical expert if there are concerns about whethera customer is well enough to travel.

Concerns over where data could end up

Both Cavoukian and Champ also have serious concerns about where Canadians' personal data could end up.

Air Canada saidthe handhelddevices it uses to take people's temperatures "do not collect or store any identifying information" and that"there is no recording of temperature data" in any way.

Cavoukian challenges the airline's claim, arguingit would need tokeep track of the data using your name, Aeroplan numberor some other identifierin case lawsuits are launched over false positive or false negative tests. The fact thatcustomersturned away at the airport are required to get medical clearance before they can returnsuggests Air Canadamust be documenting the cases somewhere, she said.

"It's highly unlikely there will be absolutely no record of it," said Cavoukian. "I would bet my bottom dollar there will be a record associated with your body temperature."

Champ questions if it's stored in a databank of some kind.

"Will it be shared with others?" he said. "Will it come up the next time someone flies?Those are all deeply personal issues that people may not want to disclose."

WATCH| A union representative say other airlines are doing temperature checks:

'Everyone wants to feel confident the system is as safe as it can be,' says union for Air Canada workers

4 years ago

Duration 0:35

Unifor's airline sector director Leslie Dias says Air Canada isn't the only airline doing temperature checks for COVID-19, other countries around the world are too.

'It's better to be prudent'

The union representing Air Canada's customer service agents who will be conducting the testssupports the new screening tool to help the industry recover and get staff back to work.

Unifor's airline sector director, Leslie Dias, points to other countries inAsia and Europealready doing temperature checks at airports.

Frontier Airlines in the U.S. announcedit plans tostart the tests in June. A major American trade organization, Airlines for America, announced Saturdayit wants the U.S. Transportation Security Administration to start conductingtemperature checks to help relaunch air travel and the economy. The group represents major airlines including American Airlines, Delta Air Lines, United Airlines and Southwest Airlines, and said the checks are an added layer of protection.

Dubai-based airline Emirates has gone even further and in April started carrying out rapid COVID-19 blood testson passengers before flights.

I'm not sure why Canadians' privacy is more important than the privacy of passengers in Europe, Asia and so on.- Leslie Dias

"I'm not sure why Canadians' privacy is more important than the privacy of passengers in Europe, Asia and so on," said Dias.

"I think it's better to be prudent and do whatever you can," she said. "It may not be a perfect system. It's not going to detect everything. But it's a method that can be used and provides some more assurance that we can do things as safely as possible."

• Tracking the coronavirus: See the latest numbers and need to know information here
• See how Canada compares to the rest of the world when it comes to coronavirus pandemic

The union representingflight attendants, CUPE, said the testingwould help putstaff at ease about their own safety.

Watch | The National:Temperature checks by Air Canada raise privacy concerns

Temperature checks by Air Canada raise privacy concerns

4 years ago

Duration 1:57

Desperate to get people back in airplane seats during the COVID-19 pandemic, Air Canada will begin using controversial temperature checks that have raised serious privacy concerns.