The Information Commissioner’s Office (ICO) published new guidance on the lawful monitoring of the workplace. This guidance was published on 3 October 2023. Employers should make themselves familiar with the guidance and adjust their policies accordingly.
What Does the Guidance Say?
The purpose of the guide is to assist companies in understanding their legal obligations under the General Data Protection Regulations (GDPR), and the Data Protection Act 2018, when it comes to monitoring employees - and the self-employed, in the workplace.
The main point to keep in mind is that employees should only be monitored in a reasonable manner, and that monitoring should not be intrusive. The ICO recommends that employers undertake a data protection impact assessment in connection with their monitoring activities in the workplace. The purpose of doing this is to prove that the risk of unjustified intrusions has been carefully considered.
What Can Employers Do?
If you wish to monitor your staff, it’s recommended that you assess the reasons and scope of this monitoring. Communicate your intentions to your workers and keep records. Privacy policies should be updated to ensure they are fit for purpose. Data should be lawfully processed, and you must demonstrate a lawful basis for processing your data. Employees should be advised on making a subject access request for data that is collected as part of the monitoring.
Employers should also be mindful of Article 8 of the Human Rights Act 1998 in relation to a person’s right to a privacy. This is particularly important for those monitoring staff who work remotely in their own homes.
This article is only for guidance. If you require advice about updating your policies to meet the latest guidance, please contact the Quest Advice Line on 01455 852 028.
