UK ICO Employment Practices and Data Protection: Monitoring Workers (2023)
Data protection and monitoring workers – UK ICO Employment Practices and Data Protection: Monitoring Workers (2023)

UK ICO Employment Practices and Data Protection: Monitoring Workers (2023) 1.5(a): 1.5(a) Identify a special category condition before monitoring that will or may capture sensitive data, keep only what is relevant

The employer should consider whether planned monitoring will capture special category data; if it will, or is likely to incidentally (emails with a doctor or union representative), it must have both a condition and a lawful basis in place before it starts, and should show that the purpose outweighs the risk of incidental capture. It must keep only information relevant to the purpose and should regularly review and destroy what is unnecessary. Five of the ten conditions need a Schedule 1 DPA 2018 condition too, and a DPIA should be done first; where capture is unlikely, documenting a condition is optional.

Maintained by Gerard Blokdyk

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  • Art.9 Article 9 Processing of special categories of personal data

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