Recent.pdf

Employers are shifting to remote working due to the Covid-19 pandemic, and some are using technology to monitor employees, raising concerns about the lawfulness of such monitoring. Workplace monitoring can range from spot checks of emails and internet use to invasive software that records laptop screens and calls. Employers must consider the implied duty of trust and confidence and the right to respect for private and family life under the European Convention on Human Rights. To comply with the Human Rights Act 1998, employers must demonstrate that monitoring is proportionate and necessary.

Monitoring may be lawful if an employer reasonably suspects an employee is preparing to compete with the business or collate confidential information. However, employers must ensure that they process personal data in compliance with the General Data Protection Regulation (GDPR) and UK Data Protection Act 2018. Key principles include having a specific, explicit, and legitimate purpose for monitoring, processing personal data only as necessary, and establishing whether the proposed monitoring is within employees' reasonable expectations.

Employers must also assess and document the legal grounds for collecting and processing personal data, which may include the performance of the employment contract, compliance with a legal obligation, or legitimate interests pursued by the employer. It is recommended to carry out a legitimate interest assessment and a data protection impact assessment to mitigate risks and ensure compliance with the GDPR and DPA. Employees must be informed of any monitoring, and employers should review and update their employee privacy policies to include details of the monitoring.