INSIGHT
The Information Commissioner’s Office (ICO) has published new guidance on workplace monitoring by employers.
Workplace monitoring is a sensitive area. Although employers may have perfectly legitimate grounds for monitoring, the ICO’s research found that an overwhelming majority of people regard it as intrusive, to the extent that it might affect their willingness to work for the employer at all.
With an increase in remote working and developments in technology, monitoring by employers is becoming increasingly common. It can include tracking calls and messages, monitoring keystrokes, or recording calls and remote meetings.
The ICO’s guidance outlines the necessary steps to take before engaging in monitoring activities These include:
- Ensure that workers are aware of any monitoring and why it is being done
- Have a clearly defined purpose for the monitoring (which satisfies one of the criteria for legal processing)
- Use only the least intrusive means to achieve that purpose
- Carry out a Data Protection Impact Assessment for any monitoring that is likely to result in a high risk to workers’ rights.
Employee representatives generally have a keen interest in this topic so, in workplaces where they are active, it is wise to ensure that they are informed in advance.
This is a complex area. With our employment law, HR and data privacy professionals, Quarmans can support and advise on employee monitoring proposals or issues.
You can view the ICO monitoring guidance here.
