ICO Guidance on Monitoring Employees

On 3 October 2023, the Information Commissioner’s Office (“ICO”) published updated guidance on lawful monitoring in the workplace.

The guidance outlines legal requirements as well as good practice advice to help employers build trust with their workers and respect their rights to privacy. 

Addressing employees’ concerns

Research conducted by the ICO suggests that employees are becoming more concerned about workplace surveillance, with 70% of people surveyed saying they would find monitoring in the workplace intrusive and only 19% stating that they would feel comfortable taking a new job if they knew that their employer would be monitoring them. 

As Emily Keaney, Deputy Commissioner - Regulatory Policy (ICO), highlights:

“Our research shows that today’s workforce is concerned about monitoring, particularly with the rise of flexible working - nobody wants to feel like their privacy is at risk, especially in their own home.”

The guidance reminds organisations that if monitoring of staff is being contemplated, the following steps must be taken:

• Ensure staff are aware of the reasons, nature and extent of any monitoring;
• Establish a defined purpose and be proportionate in achieving it;
• Identify a legal basis for processing data;
• Ensure that any information provided to staff in relation to monitoring is clear;
• Not to retain any data for longer than is necessary or if irrelevant to its purpose; 
• Conduct data protection impact assessments if any special category data is processed.