Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Take care of privacy rules when monitoring staff, watchdog warns employers

Seven in 10 people said that it is intrusive for their employer to monitor them when working.

August Graham
Monday 02 October 2023 19:01 EDT
Employers should be careful to stay on the right side of the law, the ICO said (Joe Giddens/PA)
Employers should be careful to stay on the right side of the law, the ICO said (Joe Giddens/PA) (PA Archive)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

The information watchdog has warned employers that it will take action if their monitoring of employees oversteps the line.

The Information Commissioner’s Office said that monitoring of employees must be “necessary, proportionate and respect the rights and freedoms of workers”.

Employers must ensure that staff know the nature, extent and the reasons that they are being monitored.

Staff must also be told about any monitoring in a way that is easy for them to understand, the ICO said.

Our research shows that monitoring at work is a real cause for concern, particularly with the rise of flexible working - nobody wants to feel like their privacy is at risk, especially in their own home

Emily Keaney, Information Commissioner’s Office

“While data protection law does not prevent monitoring, our guidance is clear that it must be necessary, proportionate and respect the rights and freedoms of workers,” said Emily Keaney, deputy commissioner of regulatory policy.

“We will take action if we believe people’s privacy is being threatened.”

Any monitoring must have a clearly defined purpose, the ICO said, and use “the least intrusive means” to monitor employees.

It comes as a poll by Survation for the ICO showed that just under one fifth (19%) of people think that an employer has monitored them.

The survey of 1,012 adults between August 1 and 3 also found that 70% of people would find it intrusive to be monitored by their employer in any way.

Around a fifth (21%) said that it would not be intrusive in any way.

“Our research shows that monitoring at work is a real cause for concern, particularly with the rise of flexible working – nobody wants to feel like their privacy is at risk, especially in their own home,” Ms Keaney said.

“If not conducted lawfully, monitoring can have a negative impact on an employee’s wellbeing and worsen the power dynamics that already exist in the workplace.

“We want people to be aware of their rights under data protection law and empower them to both identify and challenge intrusive practices at work.

“We are urging all organisations to consider both their legal obligations and their workers’ rights before any monitoring is implemented.”

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in