UK ICO Employment Practices and Data Protection: Monitoring Workers (2023)
Monitoring tools that use solely automated processes – UK ICO Employment Practices and Data Protection: Monitoring Workers (2023)

UK ICO Employment Practices and Data Protection: Monitoring Workers (2023) 2.2: 2.2 Tell workers about automated decision-making, its logic and consequences; provide ways to get human intervention and challenge; check systems regularly

The employer must tell workers when their information is used for solely automated decision-making, giving meaningful information about the logic involved and the significance and envisaged consequences, including in response to a subject access request; it must explain the processing to workers, offer easy routes to ask for human review or contest a decision, and check regularly that systems work as intended. Law since the guidance: the Data (Use and Access) Act 2025, s 80, replaced UK GDPR Article 22 with Articles 22A to 22D (fully in force 5 February 2026): solely automated significant decisions are now restricted only where they rest on special category data (explicit consent, or contract or law plus Article 9(2)(g)) or on recognised legitimate interests, and in every case the controller must provide safeguards: information about the decision, a way to make representations, human intervention and a way to contest it. The ICO flags this guidance as under review.

Maintained by Gerard Blokdyk

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  • Art.22C Article 22C Safeguards for automated decision-making

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