Employers in Britain could face a new duty to consult trade unions or elected staff representatives before using technology to monitor the activities of their workers, under new proposals.
The option is one of three interventions the UK government is considering making in response to “the pace of advancement in workplace technologies” – including the use of AI. Alternative interventions could include the introduction of a statutory code, together with guidance, to “strengthen clarity and support more consistent good practice”, or publication of new non-statutory guidance. The consultation does not identify a preferred approach, and the purpose of the exercise is to gather evidence on whether intervention is required and, if so, what form it should take.
Details of the proposals were set out by the Department for Business and Trade (DBT) in a new consultation paper (68-page / 5MB PDF). While the DBT acknowledged the productivity, compliance and security benefits that workplace monitoring technologies (WMTs) offer, it said it was considering new measures to address growing concerns around transparency, worker trust, privacy, fairness and the use of automated decision-making in employment contexts.
The paper highlights the range of requirements that employers already face in relation to their use of WMTs – including obligations under data protection law.
Stephanie Lees of Pinsent Masons, who specialises in data protection matters, said adding a new duty to consult in...
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