Commentary

(4) Monitoring and surveillance of employees

Division AII Contract of Employment
| Commentary

(4) Monitoring and surveillance of employees

| Commentary

(4)     Monitoring and surveillance of employees

Data protection is a large and discrete area of law which in itself is outside the scope of this work, although see para [194.29] ff for an overview of the law and its relevance in the employment context. One particular aspect of it is directly relevant here. After statutory coverage was introduced in the original Data Protection Act 1998, the Information Commissioner took the view that it applied in the employment sphere. In the light of this the Information Commissioner's Office (ICO) published the Employment Practices Data Protection Code (set out at S [1872]). Part 3 of this Code sets out recommendations in relation to systematic and occasional monitoring of work, covering in the process: general approach to monitoring; monitoring electronic communications (emails/fax/Internet/telephone); video and audio monitoring; covert monitoring; in-vehicle monitoring and monitoring through information from third parties. The Code is not legally binding but lack of compliance with the provisions of the code may be cited in any proceedings in relation to the breach of data protection law. The Code is discussed further at para [194.31].

Supplementary guidance to Part 3 of the Code has also been published by the Information Commissioner and is available at https://ico.org.uk/media/for-organisations/documents/1066/employment_practice_code_supplementary_guidance.pdf. Although this does not form part of the Code, it is intended to complement it and provide a more detailed understanding of the provisions of the Code.

The Code and supplementary guidance have not been updated since the

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