Employment Law Focus

Employee monitoring and using personal data

Episode Summary

When it comes to employee monitoring, there’s a whole host of data protection and employment risks to consider, we unpack them in this episode.

Episode Notes

Employee monitoring isn’t just about using software to check that people are working hard enough. It can be digital, manual, well intended or even a regulatory requirement.

But whether you’re monitoring devices, collecting data to make employment decisions or using CCTV (or even microchips), there’s a whole host of data protection and employment risks to consider.

In this episode, we discuss:

• The growth of employee monitoring and why employers might use it
• The GDPR principles of transparency, necessity and proportionality
• Using employee records for positive discrimination
• The £32.1m fine against H&M for “excessive” monitoring
• The role of data protection impact assessments
• Who’s responsible for CCTV and employee monitoring in shared workspaces

Our news section covers:

Two legal challenges against Uber regarding automated decisions about employees

The ICO’s final guidance on data subject access requests, including when you can “stop the clock” and what constitutes a manifestly unfounded or excessive request

We also answer your questions about whether an employee can withdraw an access request and how employers should be preparing for the end of the Brexit transition period.

Useful links

TLT update on ICO guidance

ICO guidance on DSARs

Send us your questions and we'll answer them in a future episode – email emplawpodcast@tltsolicitors.com or tweet us using the hashtag #TLTemploymentpodcast and tag @TLT_Employment

You can find out more about our employment team at tltsolicitors.com/employment

Sign up to receive our updates at tltsolicitors.com/signup

If you’ve enjoyed listening, please rate us and write a review.