What is workplace monitoring?
Nearly every business on the planet requires its “workers” (this includes freelancers, consultants, contractors and employees) to use an electronic device at some point to carry out their duties. In the UK, the UK General Data Protection Regulation (UK GDPR) is the relevant data protection law regarding electronic monitoring activities. It acknowledges that UK organisations have the technological ability to track most activities and conversations within a workplace, through their workers’ devices.
What are the most common methods of monitoring?
Monitoring can occur through a variety of methods including:
- CCTV camera recording
- Time-recording systems
- Keystroke counting
- Tracking internet activity
- Webcams and screenshots
- Tracking calls
- Audio call recordings
- Software technology to track activity
Such surveillance can be carried out overtly - where workers are aware they are being monitored or covertly - where it is carried out secretly.
What is the focus of the UK data regulator’s report?
The UK Information Commissioner’s Office (“ICO”) published its final guidance on monitoring workers on 3 October 2023 (the “Guidance”) which is compliant with the UK GDPR and the Data Protection Act 2018 (DPA 2018).
The final Guidance follows a consultation launched in October 2022. It comes further to research commissioned by the ICO that reveals nearly one in five people (19%) believe they have been monitored by an employer.
What legal requirements are suggested for worker monitoring?
Employers must be clear with their staff about the use of workplace monitoring. The Guidance explains that to be lawful and fair, monitoring must take account of workers’ expectations, must not be excessive and must be done in a transparent way wherever possible. Context is key for considering workers’ expectations. In Part 2 of this newsletter, we will look at key considerations for companies in connection with monitoring.
Why is there a need for compliance?
UK organisations are required to heed the rules within the UK GDPR due to the risk of hefty fines and the reputational damage associated with non-compliance with data privacy laws.
How 3CS can help
Our team of data privacy and employment lawyers have both domestic and international expertise and offer a full range of corporate compliance legal services. For further information on employee monitoring and how it may affect your company or for help with any legal matter connected to the issues mentioned above, please get in touch with your usual 3CS contact.
