What UK employers need to know about workplace monitoring

Megan Lukins and Helen Farr of Taylor Wessing look at new draft ICO guidance for employers on monitoring employees at work, key compliance points, and how to mitigate associated risks.

There is a complex legislative framework that protects workers in the UK from unlawful monitoring. Workers have protection under the Equality Act 2010, the Human Rights Act 1998, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 and the UK GDPR. Workers’ private and family life is also respected as set out in Article 8 of the Human Rights Act 1998.

UK data protection law does not prevent monitoring but does set out well-defined parameters for employers, including a requirement for monitoring to be justifiable and proportionate which must be assessed on a case-by-case basis.

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