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Guidance published by ICO to ensure lawful monitoring in the workplace

Mukta More | October 4, 2023

New research commissioned by the ICO reveals that almost one in five (19%) people believe they have been monitored by an employer. Over two-thirds (70%) said they would find workplace monitoring intrusive, and fewer than one in five (19%) would feel comfortable taking a new job if they knew their employer would be monitoring them. Excessive monitoring can easily intrude into people’s private lives and undermine their privacy.

The Information Commissioner's Office (ICO) has released guidance to ensure that employers monitor their workers in a lawful, transparent, and fair manner, balancing both legal obligations and workers' rights. This guidance applies to both public and private sector employers and outlines how to conduct monitoring within the bounds of the law while respecting employees' privacy rights. It covers a range of monitoring methods, including tracking calls, messages, keystrokes, screenshots, webcam footage, audio recordings, and specialised monitoring software. It also addresses the use of biometric data for timekeeping and attendance.

To build trust and create a positive work environment, transparency and fairness are key. The ICO stresses that business interests should never override workers' privacy. Employers are urged to:

  • Inform employees about the nature and purpose of monitoring.
  • Use the least invasive methods necessary.
  • Establish a lawful basis for data collection.
  • Communicate monitoring practices clearly.
  • Retain only relevant information.
  • Conduct Data Protection Impact Assessments for high-risk monitoring.
  • Provide employees access to personal data collected through Subject Access Requests (SARs).

Mukta More, Privacy Analyst at Privacy Culture Limited, highlights how the Horizon Platform can support businesses in assessing and addressing gaps in their existing privacy framework. By leveraging privacy compliance software, organisations can ensure their monitoring practices align with legal requirements, protect employees' rights, and strengthen their defensible position.

For the full article, visit: https://bit.ly/48FPkhr

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