10 November 2022
ICO's draft guidance on monitoring at work for consultation
The guidance takes into account the views given by various organisations and individuals (including employers) from its previous consultation between August and October 2021 and, when finalised, will replace the ICO’s guidance on monitoring contained in the employment practices code of 2011.
The guidance aims to provide practical guidance about monitoring workers in accordance with data protection legislation and to promote good practice. It details the legal obligations employers need to think about when they are considering or carrying out monitoring of their workers. It also touches on some specific types of monitoring, including monitoring of emails and messages, time and attendance records and work vehicles
Importantly, the guidance takes into account the emergence of new innovative technologies which have been used to monitor workers in recent years, particularly since the shift to remote working during the Covid-19 pandemic. For example, Microsoft Teams, Zoom and other video-conferencing platforms. Notably, the guidance says that employers should ensure workers have been notified of any monitoring and have a clear monitoring standard or policy document, to explain their internal procedures for both systematic and occasional monitoring. Transparency is key.
The consultation on the guidance (and its impact assessment) will remain open until 11 January 2023.