UK ICO Employment Practices and Data Protection: Monitoring Workers (2023)
Different ways or methods of monitoring workers – UK ICO Employment Practices and Data Protection: Monitoring Workers (2023)

UK ICO Employment Practices and Data Protection: Monitoring Workers (2023) 3.4(b): 3.4(b) Email and message content only exceptionally, with a clear policy and advance notice; network data first

Content monitoring is hard to justify where network traffic data would meet the purpose; the employer must notify workers in advance (in policy documents) if content may be monitored in exceptional circumstances and must not access content without a clear policy stating when that can happen. Before monitoring it should consider narrowing checks using network data (emails to rival firms, for instance), the duty of confidence to workers and customers, excluding lines such as union representatives, that even a ban on personal use does not justify reading personal messages (investigate breaches through network data first), letting workers mark messages personal, and the reliability of the records.

Maintained by Gerard Blokdyk

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  • Art.5 Article 5 Principles relating to processing of personal data

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