New guidance for Monitoring in the workplace

The Information Commissioner’s Office (ICO) has published new guidance for employers implementing monitoring, such as health and safety surveillance cameras, keystroke and activity tracking and time-logging productivity tools, in the workplace.

Compliant with UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018), the document outlines legal requirements relating to employee monitoring as well as actions deemed good practice.

Legal requirements include the employers’ duty to make workers aware of the nature, extent and reasons for monitoring, and to clearly define the purpose for doing so.  The guidance also outlines the terms on which employers have a lawful basis for processing workers’ data.

Appropriate monitoring can benefit businesses but data protection must be considered in every part of the process. Monitoring has become more of a common practice with the increase of home working but should be done so appropriately and not targeted at certain employees. Employees have a legitimate expectation of privacy during the course of carrying out their duties and therefore the purpose of the monitoring must be objective, lawful not intrusive.

Should you wish to discuss updating your contractual terms around monitoring, contact 121 HR Solutions for more information on 0800 995 121.

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