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pB8b9jgs
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Resource
Answer
Written answer
answer has question
tCo5AjPF
answer has answering person
Paul Stuart Scully
answer text
<p>Monitoring of employees by employers must not breach the duty of trust and confidence implied into an employee's contract of employment and must comply with the European Convention of Human Rights, Data Protection legislation and Equality Act 2010. Employers are neither expressly permitted to monitor employees, nor are they prohibited from doing so.</p><p>Organisations that process workers’ personal data for the purposes of monitoring their activities or surveillance must comply with the requirements of the UK General Data Protection Regulation (‘UK GDPR’) and the Data Protection Act 2018 (‘DPA’). This means that the data processing must be fair, lawful and transparent.</p><p>The UK GDPR and the DPA are administered and enforced independently of the government by the Information Commissioner’s Office (ICO). The ICO publishes a range of advice and guidance for organisations on their data protection obligations.</p><p>The ICO have been consulting on draft guidance on the data protection considerations which are likely to be relevant if an employer is minded to use tracking or surveillance technologies to monitor the activities of employees. The draft guidance discusses the need for employers to make workers aware of the nature, extent and reasons for the monitoring unless exceptional circumstances mean that covert monitoring is necessary. The draft guidance, entitled <a href="https://ico.org.uk/media/about-the-ico/consultations/4021868/draft-monitoring-at-work-20221011.pdf" target="_blank">Employment practices: monitoring at work</a> can be viewed on the ICO’s website.</p>
answer given date
answer has answering body
Department for Science, Innovation and Technology
written answer has answering body
Department for Science, Innovation and Technology
Department for Science, Innovation and Technology
answering body has written answer
pB8b9jgs
answering body has answer
pB8b9jgs
tCo5AjPF
question has answer
pB8b9jgs
Paul Stuart Scully
answering person has answer
pB8b9jgs