Back to news
The laws and penalties for improper monitoring
Monitoring
of staff is governed
by the Data Protection
Act 1998, the Regulation
of Investigatory
Powers Act 2000,
the Lawful Business
Practice Regulations
2000 and the Human
Rights Act 1998.
The Copyright,
Designs and Patents
Act 1988 provides
protection from
unauthorised use
or downloading
of publications
including electronic
publications. The
Computer Misuse
Act 1990 protects
against hacking
into computer systems.
You must:
| make
sure that any
monitoring is
justified and
appropriate
to a particular
problem
|
| manage
data protection
by complying
with the principles
of the Data Protection
Act 1998 |
| alert
the individuals
concerned to
the processing
of data on employees |
| consider
intrusion, expectations
of staff privacy
at work, suitable
notification
and the purpose
of monitoring |
| set
out rules for
business and
private use of
electronic communications
and vehicles
owned by your
business, the
purpose and extent
of monitoring,
and the consequences
of a policy breach |
| control
the scope of
audio and video
monitoring |
| strictly
target and limit
covert monitoring
to cases where
there is serious
risk to the business |
You must not:
| use
information
for any purpose
other than
that for which
it was collected
have
unnecessary
recording of
calls and emails
|
| access the content of clearly marked personal emails except in exceptional circumstances |
| have continuous video or audio monitoring, other than usual CCTV security measures |
| film or make sound recordings in private places, eg toilets/staff rooms |
| search an employee, unless their contract of employment provides for this and they consent to it |
Penalties for improper monitoring
| You could face claims for constructive
dismissal if you have breached the implied terms of trust and confidence in your employees' contracts through improper monitoring. |
| You may have to pay damages to any individual who suffers damage, or damage and distress, because of a breach of data protection law, or to the sender or recipient of a communication you intercepted through monitoring. |
| You could face claims of unfair dismissal and/or a criminal prosecution if you fail to get consent to search an employee, even if you have a contractual right to search. |
| Individuals can also ask the Information Commissioner to make an assessment of processing by the employer. |
| Your staff may be liable for damage caused by downloading inappropriate material from the Internet. |
| You might be held liable for the actions of your staff if they occurred at work |
|
