October 24, 2022 | less than a minute read

Monitoring at work: what employers need to know

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Faye Harrison

Of Counsel

Naina Patel

Associate

Get in touch

Faye Harrison

Of Counsel

Naina Patel

Associate

The ICO has published new draft guidance on monitoring at work which highlights some considerations and requirements that employers should be aware of when implementing monitoring activities.

The guidance also provides an insight into the ICO’s view of monitoring employees in light of the increase in remote and home working following the COVID-19 pandemic, with a particular focus on data protection principles such as transparency and purpose limitation.

We have summarised some key points here in our article on the Bristows Cookie Jar technology hub.

Transparency is a key feature of the draft guidance. In a post-pandemic world, employers may consider it their right to monitor compliance with a new flexi or hybrid working policy, for example by logging how many days employees are attending the office each week. However, if they are not carrying out such activities in a transparent way, including by providing appropriate notices, then they will likely be in breach of the UK GDPR.

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