Code sets out privacy rules

A new code of practice for employers warns that employees are entitled to expect a degree of privacy in the workplace, and sets limits on the extent of monitoring that employers can carry out.

The long-awaited Employment Practices Data Protection Code: Part 3 Monitoring at work provides guidance to employers on checking up on employees' e-mails or internet use, recording of phone calls and the use of CCTV cameras.

It explains how employers can comply with the law and recommends good practice. Its emphasis is on ensuring that any monitoring is justified and transparent to the workers concerned.

The government-appointed Information Commissioner, Richard Thomas, who published the code, said: "Employees are entitled to expect that their personal lives remain private and they have a degree of privacy in the work environment."

He continued: "Only in exceptional circumstances will it be appropriate for employers to monitor their employees without their knowledge."

TUC general secretary, Brendan Barber, said: "The code clears up much of the legal confusion around bosses monitoring employees ... Employees and unions are now better equipped to ensure the right to privacy at work is respected."

The TUC has launched a guide to monitoring and surveillance at work on its working life website at www. worksmart.org.uk. An LRD guide on monitoring and privacy at work will be available later in the year.