Can an employer lawfully monitor their employee, without their knowledge, if they suspect wrongdoing?
Can employers monitor employees?
It’s worth mentioning at the outset that data protection law does not prevent employers from monitoring workers provided this is done in a way that is compliant with data protection laws and principles. However, there is an emphasis on being open and transparent and, as such, covert monitoring is unlikely to be justified.
Can employers covertly monitor employees?
The ICO have stated that covert monitoring of employees will only be justified in ‘exceptional’ circumstances where it is necessary to prevent or detect suspected criminal activity or, similar wrongdoing, like gross misconduct. In all cases employers will have to justify their decisions and, if there’s a less intrusive way of achieving the ultimate goal then the monitoring will not be lawful.
The ICO provide an example of an employer who discovers that a small number of remote workers started later than their timesheets suggested and, as a result, allows senior management to access automatic webcam images to check if workers are at work. This would likely be unlawful as it is disproportionate. The employer could have checked the times workers logged onto the computer system instead and given employees the opportunity to explain any discrepancies.
