On 3 October 2023, the Information Commissioner's Office published new guidance on monitoring workers, addressed primarily to employers and with the aim of:
- ensuring compliance with the UK Data Protection Regulation and the Data Protection Act 2018;
- providing greater regulatory certainty;
- protecting the data protection rights of workers and employees; and
- helping employers to build trust with workers, customers and service users.
The guidance covers any form of monitoring of individuals who carry out work (whether as employees or in a looser worker relationship) wherever the monitoring occurs and whether within or outside working hours.
The guidance is set out in detailed FAQs and checklists under specific headings:
- data protection and monitoring workers;
- the use of monitoring tools that use solely automated processes;
- specific data protection considerations for different ways or methods of monitoring workers; and
- using biometric data for time and attendance control and monitoring.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.