The Information Commissioner, Richard Thomas, has today published the third part of the Employment Practices Data Protection Code - ìMonitoring at Workî. The code provides clear and practical guidance for employers about monitoring employees in the work place.
Following an extensive consultation process with a range of employer and employee organisations on the implications of data protection law in this field, ìMonitoring at Workî spells out the basic Doís and Dontís for employers who monitor the activities of their employees, or who are thinking of doing so. The Code is substantially shorter and more accessible than previous drafts.
In response to concerns from small businesses about the complexity of the issues, the Information Commissioner has also produced a short summary of Part 3, ìGuidance for small businessesî. This gives smaller employers a concise plain English summary of their data protection responsibilities when carrying out monitoring.
The Code aims to strike the right balance between the legitimate expectations of employees and the interests of employers. It does not impose new legal obligations. The Code provides straight forward advice and information to help employers to comply with the Data Protection Act and to adopt good practice.
Richard Thomas, Information Commissioner said
ìI have taken a fresh look at the issues. Part 3 of the Employment Practice Data Protection Code aims to strike the right balance between the needs of employers and the rights of employees. If an employer has to check how staff are using computers at work, he should make sure they know how and why the checks will be carried out. If any monitoring is to take place it must be open and transparent and with the knowledge of the employee. In reality there are few circumstances in which covert monitoring is justified.
ìMonitoring in the workplace can be intrusive, whether examining e-mails, recording phone calls or installing CCTV cameras. Employees are entitled to expect that their personal lives remain private and they have a degree of privacy in the work environment. The fundamental message is that, where monitoring does take place, employees should be made aware of its nature and extent and the reasons for carrying it out. Only in exceptional circumstances will it be appropriate for employers to monitor their employees without their knowledge.
ìMonitoring at work is a complex area, but we have now managed to provide simple and straightforward guidance for all types of employers. We are confident that Part 3 of the Code will clarify the application of this difficult area of the law, and will protect employees from unfair or excessive information-gathering in the workplace.î
Information Commissioner spells out the doís and doníts for workplace monitoring
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