Skip to content
ADVERTISEMENT
News

Rogers and Norton warns workplace surveillance could breach workers’ privacy rights

Employee monitoring can range from CCTV and vehicle tracking to reviewing emails, workplace messages and website usage.

3 min read
Share
AI Artificial intelligence, technology Young female freelance eyeglasses typing write prompt AI bot IT app smart program nomad, video game, terminal with coding language, designer, big data center on desktop computer in night office.
ADVERTISEMENT

Rogers and Norton has urged employers to ensure workplace surveillance remains justified and transparent as technology gives businesses increasingly sophisticated ways to track staff.

Monitoring can range from CCTV and vehicle tracking to reviewing emails, workplace messages and website usage, while some employers may also use software capable of recording keyboard activity or taking screenshots of employees’ computers.

However, Natalie Peacock, employment expert at Rogers and Norton, said employers’ ability to monitor workers does not override their privacy and data protection rights.

Peacock said: “The law generally permits employers to monitor staff using methods ranging from CCTV cameras and vehicle trackers to email monitoring.

“However, workers are entitled to privacy, dignity and data protection rights.

ADVERTISEMENT

“Employers must be able to justify any monitoring and surveillance they carry out.”

The warning comes as the Government consults on whether stronger measures are needed to make workplace monitoring more transparent, fair and accountable.

Employers can use technology to track activity on work devices and, in some circumstances, assess productivity through measures such as keyboard activity.

ADVERTISEMENT

However, workers should be informed that monitoring is taking place, why it is being carried out, what information is being collected and how that data will be used.

Peacock added: “A company can track an employee’s keyboard activity to measure productivity, but the monitoring must comply with data protection law and respect the employee’s right to privacy.

ADVERTISEMENT

“Workers must be told about the monitoring, including its purpose, the data being collected and how it will be used.”

ADVERTISEMENT

Keystroke monitoring can be considered high-risk data processing, meaning employers may need to carry out a Data Protection Impact Assessment before introducing it.

Workplace messaging platforms can also be subject to monitoring.

While employers may have access to communications sent through systems such as Microsoft Teams and Slack, Peacock warned that this does not give businesses unrestricted scope to read employees’ conversations.

She said: “Employers should only read private messages in compliance with data protection laws and human rights principles to avoid potential claims of constructive dismissal or a breach of privacy rights.”

ADVERTISEMENT

Screenshot software can similarly be used in some circumstances, although its use must be tied to a legitimate purpose.

Peacock said: “Occasional monitoring may include random screenshots taken as a short-term measure to address a specific need.

“It will only be permissible if it is a legitimate effort to monitor productivity or prevent misuse of IT systems.”

The growth of remote and hybrid working has also created additional considerations for employers, particularly because workers have a greater expectation of privacy when working from home.

Peacock said: “Employers are entitled to monitor people working from home when they are using company equipment.

ADVERTISEMENT

“The key difference is the heightened expectation of privacy.

“The home inherently involves a greater expectation of privacy, and automatic webcam monitoring or similarly intrusive methods are likely to be disproportionate and unjustifiable.”

Peacock concluded: “Excessive or disproportionate monitoring, particularly in toilets or of private communications, may breach employees’ rights as well as the implied duty of trust and confidence.

“Employees can also make a Data Subject Access Request to see the personal information their employer has collected about them.”

“The reality is that employees do have rights, but employers do too. The key issue is whether the monitoring is justified, transparent and proportionate.”

Related