The transition to remote work has spurred many businesses to consider employee surveillance strategies.
While monitoring employees may be necessary to protect company interests, it’s equally important to honour individual privacy rights.
Why might companies monitor their employees?
Companies may choose to implement surveillance for numerous reasons, such as:
- Enhancing productivity
- Deterrence against theft
- Upholding professional standards
- Protecting company intellectual property
Surveillance could entail monitoring internet and email activities, video supervision, telephonic conversations, or even tracking physical location via GPS.
The Role of Data Protection Act 2018 and GDPR
The fundamental legislation guiding employee monitoring is the Data Protection Act 2018, embodying the principles of the General Data Protection Regulation (GDPR).
The Act mandates that all collected personal data be processed lawfully, transparently, and for an explicit purpose. It also stipulates that data be stored securely and not be retained for longer than necessary.
According to this law, employers must inform their employees about the surveillance being undertaken, its rationale, and how the gathered data will be utilized.
Furthermore, any monitoring must be proportionate. Covert surveillance is typically viewed as invasive and should only be utilized in extraordinary circumstances, such as probing suspected illicit activities.
Striking a balance between company interests and employee privacy
Striking a balance between safeguarding the company’s legitimate interests and upholding employees’ privacy rights is essential when it comes to workplace surveillance.
This balance requires the formulation of clear policies delineating the nature of monitoring, its necessity, and the protection measures for employees’ personal data.
It’s also recommended for businesses to carry out a data protection impact assessment before implementing any new monitoring procedures.
Maintaining the right balance when implementing and monitoring hybrid working can be challenging and so it is always best to seek the proper professional advice.
