The Information Commissioner’s Office (ICO) has recently published new guidance for employers on monitoring ‘workers’, which covers anyone performing work for an organisation, whether as an employee or via some other work relationship (e.g. consultant, casual worker) but not other data processors.
In summary, the guidance covers:
- Monitoring conducted on work premises or elsewhere;
- Monitoring during or outside work hours;
- Systematic, routine and occasional monitoring; and
- All types of monitoring, including the use of monitoring technologies (e.g., camera and audio surveillance, wearable cameras, webcams, screenshots, timekeeping and access controls, keystroke tracking, internet activity trackers, productivity tools logging how workers spend their time, hidden audio recordings and body worn devices to track a worker’s location).
The guidance reminds employers that they must ensure any monitoring takes place in accordance with data protection laws, and whilst protecting the privacy rights of employees. Checklists are provided to assist the employer in meeting these requirements.
There is also detailed practical guidance, with examples, about issues such as:
- The use monitoring tools that use automated processes;
- Monitoring workers remotely and when they are working from home;
- Video or audio surveillance;
- Monitoring of emails, messages, telephone calls and device activity;
- Dashcams and location monitoring for work vehicles; and
- Monitoring requested by third parties (e.g. as part of a contract for services).
For further information, please contact:
Emma Ahmed, Hill Dickinson
emma.ahmed@hilldickinson.com
