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New guidance on the lawful monitoring in the workplace

By November 7, 2023Legal Update

Earlier this month, the Information Commissioner’s Office (ICO) published new guidance for businesses to ensure the lawful monitoring of employees at work. The guidance was developed following research carried out by the ICO.  The research identified that:

  • 70% of members of the public would find it intrusive to be monitored by an employer in any way
  • 19% of the public believe they have been monitored by a current or former employer
  • 19% of the public would feel uncomfortable in taking a new job if they knew the employer would monitor them.

If monitoring at work is to take place, an employer must strike the balance between business needs whilst acting lawfully and fairly.  The ICO’s guidance is aimed at providing direction to employers on how they can achieve lawful and fair monitoring, where there is a genuine need.

The guidance covers:

  • Data protection and monitoring workers
  • What to do if you use monitoring tools that use solely automated processes
  • Specific data protection considerations for different ways or methods of monitoring workers
  • Whether biometric data can be used for time and attendance control and monitoring
  • Checklists to help employers in determining what steps must be taken to ensure fair and lawful monitoring in the workplace.

You can read the guidance on the ICO’s website.

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