Monitoring employees

by Practical Law Employment

A practice note that provides guidance on the legal framework in the UK governing employee monitoring and workplace surveillance. This note details various methods employers may use to monitor staff, including telephone, email, internet, and CCTV surveillance, as well as emerging technologies like Artificial Intelligence (AI) and biometric data processing. It explores the reasons for monitoring, such as ensuring productivity and security, while analysing the significant legal risks involved. Key considerations discussed include data protection compliance under the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018), respect for employee privacy under Article 8 of the European Convention on Human Rights (ECHR), and the lawful interception of communications under the Investigatory Powers Act 2016 (IPA 2016). The note emphasises the balance between an employer's interests and an employee's rights, detailing the necessity of undertaking Data Protection Impact Assessments (DPIAs) and the value of clear, well-communicated policies.