Over the past few years there has been significant growth in the use of technology for monitoring workers, especially following the onset of the COVID-19 pandemic. Global demand (based on the number of internet searches carried out) for worker monitoring software increased by 108% in April 2020 compared with the same month of the preceding year[1]. With remote and hybrid working set to remain a feature of the way we work – not to mention the role played by the “gig economy” – the uptake of such technologies is likely to continue.
In the UK, the ICO has recognised the need to update its existing guidance on monitoring workers to take into account the significant developments, both in terms of data protection law and technological capabilities, and to address new working practices. In its draft guidance on monitoring at work (“Draft Guidance”), the ICO is aiming to provide up-to-date, practical guidance on monitoring workers in a data protection-compliant way. Once finalised, the guidance will replace the “Monitoring at work” chapter of the ICO’s 2011 employment practices code (“2011 Code”).
This briefing is centred upon guidance from the UK; however, the themes and recommendations covered are likely to be of wider relevance.
This briefing explores:
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