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UK: Information Commissioner’s Office Publishes Guidance to Ensure Lawful Monitoring in the Workplace

  • On 3 October 2023, the UK Information Commissioner's Office (ICO) published a new Guidance on lawful monitoring in the workplace
  • It aims to help employers comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018) and provides practical advice. 

 

 

 

 

The need to carry out checks on workers is undoubtedly related to the increase in remote working in recent years. It goes hand in hand with critical technological developments (Cameras, key and screen monitoring, and tracking devices are just some of them). However, employers must conduct such monitoring in compliance with privacy and data protection laws. 

 

The Guidance aims to clarify and suggest ways to use such tools without infringing workers' rights, thus avoiding possible disputes.

 

The Guidance emphasises the importance of identifying a permitted purpose for data processing, as set out in Article 9 of the UK GDPR (consent, contract, legal obligation, vital interests, public function, and legitimate interests). 

 

The organisation's privacy information should provide workers with details on the nature, scope, and reasons for monitoring.

 

It also stresses that employers should only collect necessary information through employee monitoring and that employees cannot be covertly monitored except for criminal activity, misconduct, or similar circumstances.

 

It suggests employers involve employees in planning, monitoring, and carrying out data protection impact assessments ('DPIAs') concerning the workplace. 

The Guidance provides specific advice and indications on using the various monitoring tools, including those that only use automated processes, and are an essential aid for employers to better manage the employment relationship without incurring violations of workers' rights. 

 

You can find here previous news on the privacy-related aspects of monitoring remote workers in Israel.