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The legal implications of software surveillance

With more employees home working than ever before, it is perhaps unsurprising that there has been an increase in the implementation of software surveillance.

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Published 15 February 2024

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Some employers want to be reassured that employees are engaging with their work obligations and maintaining their productivity, despite physical distance from the office. However, with recent revelations of some employers going as far as taking screen grabs of employee’s monitors every 10 minutes or so, both in and out of the office, it raises questions as to the legal considerations, which employers need to keep in mind, before they can adopt intrusive measures to monitor their staff.

Inevitably through software surveillance, employee’s personal data is processed which triggers GDPR and the obligation to process employee’s data in a “fair, lawful and transparent manner”. Employers should carefully consider and work through data protection principles, taking legal advice to protect themselves from committing any wrongdoing against the employee.

A key takeaway for employers, whether they are beginning to monitor, or increasing the intensity of their surveillance, is to ensure that employees remain fully informed. The more information, which is provided to the employee, the less likely the employer is to breach GDPR, and any privacy issues. Policies, including the relevant information, should be prominent on IT systems with employee’s attention being directly drawn to them. Useful discussions or training could be undertaken as a precautionary measure to ensure the employee has been given and fully understands the surveillance software and how and when their data is processed.

The full article was first published by HR Magazine on 15th of February 2024.

For more information, please visit our Employment Lawyers page and Data Protection Lawyers page.

 

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Shorter Reads

The legal implications of software surveillance

With more employees home working than ever before, it is perhaps unsurprising that there has been an increase in the implementation of software surveillance.

Published 15 February 2024

Associated sectors / services

  • Employment law for employees
  • Employment law for employers

Authors

Some employers want to be reassured that employees are engaging with their work obligations and maintaining their productivity, despite physical distance from the office. However, with recent revelations of some employers going as far as taking screen grabs of employee’s monitors every 10 minutes or so, both in and out of the office, it raises questions as to the legal considerations, which employers need to keep in mind, before they can adopt intrusive measures to monitor their staff.

Inevitably through software surveillance, employee’s personal data is processed which triggers GDPR and the obligation to process employee’s data in a “fair, lawful and transparent manner”. Employers should carefully consider and work through data protection principles, taking legal advice to protect themselves from committing any wrongdoing against the employee.

A key takeaway for employers, whether they are beginning to monitor, or increasing the intensity of their surveillance, is to ensure that employees remain fully informed. The more information, which is provided to the employee, the less likely the employer is to breach GDPR, and any privacy issues. Policies, including the relevant information, should be prominent on IT systems with employee’s attention being directly drawn to them. Useful discussions or training could be undertaken as a precautionary measure to ensure the employee has been given and fully understands the surveillance software and how and when their data is processed.

The full article was first published by HR Magazine on 15th of February 2024.

For more information, please visit our Employment Lawyers page and Data Protection Lawyers page.

 

Associated sectors / services

  • Employment law for employees
  • Employment law for employers

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