Companies that electronically monitor staff working from home must ‘respect their rights’, ICO warns
- Employee surveillance has increased dramatically since the pandemic led to more WFH
- ICO warns that employer monitoring must be ‘necessary’ and ‘proportionate’
Britain’s information watchdog has warned companies that surveillance of workers must be ‘necessary’ and ‘proportionate’, with those crossing the border facing potential legal action
The Information Commissioner’s Office said on Tuesday that employers must “respect the rights and freedoms of employees”, who must be told “the nature, extent and reasons” of the surveillance in a way they can easily understand.
Employee monitoring, which is not prohibited under UK information law, is a growing phenomenon, with companies embracing new technology to ensure employees are doing their jobs amid the post-Covid boom in flexible working.
The boss is watching: Employee supervision has become much more important in the wake of the pandemic and the remote work boom
But the development is not a welcome trend among most Britons; 70 percent of them find it intrusive to be monitored by an employer in any way, according to research by the ICO.
Despite this, research shows that 96 percent of companies with a remote or hybrid workforce use some form of employee monitoring software. This is an increase from just 10 percent before the pandemic.
Monitoring may include tracking calls, messages and keystrokes, taking screenshots, webcam images or audio recordings, or using specialized monitoring software to track activity.
In guidance on data protection laws for employers in both the private and public sectors, the ICO also said bosses should have a “lawful basis” for processing employee data – such as consent or legal obligation – and should only keep information that is “relevant to its purpose’.
Emily Keaney, deputy commissioner for regulatory policy at the ICO, said: ‘Today’s workforce is concerned about surveillance, especially with the rise of flexible working – no one wants to feel their privacy is at risk, especially in their own home .
‘As a data protection regulator, we would like to remind organizations that business interests should never take precedence over the privacy of their employees.
Transparency and honesty are key to building trust and it is crucial that organizations get this right from the start to create a positive environment where employees feel comfortable and respected.
‘We urge all organizations to consider both their legal obligations and the rights of their employees before conducting any surveillance. While data protection law does not prevent surveillance, our guidance is clear that this must be necessary, proportionate and respect employees’ rights.
‘We take action if we believe that people’s privacy is being threatened.’