LRD guides and handbook April 2024

Data protection and monitoring An LRD guide to privacy at work

Introduction

Introduction [page 2] (742 words)

Advances in digital technology, including developments in artificial intelligence (AI) have increased the amount of data collected and shared about ...
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Chapter 1

1. The legal framework [page 4] (55 words)

There is no legislation that explicitly covers monitoring at work. Instead, there are areas of law that provide some regulation of monitoring ...
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Data protection [page 4] (514 words)

Only personal data is protected [page 5] (644 words)

The Information Commissioner [page 7] (381 words)

Data protection by design and default [page 8] (149 words)

The data protection principles [page 8] (238 words)

Lawful basis to process data [page 9] (1,497 words)

Change of basis for processing [page 13] (249 words)

Rights of individuals [page 14] (235 words)

Information to be provided by employer [page 14] (341 words)

The right to access personal data [page 15] (999 words)

The right to object [page 17] (77 words)

The Data Protection Impact Assessment (DPIA) [page 18] (318 words)

Penalties for breach of data protection law [page 18] (227 words)

Human rights [page 19] (1,814 words)

Mutual trust and confidence [page 23] (374 words)

Covert recording of meetings [page 23] (465 words)

Health and Safety [page 24] (453 words)

Equality [page 26] (194 words)

Chapter 2

2. Artificial intelligence (AI) [page 27] (452 words)

The use of AI (artificial intelligence) is already widespread in the workplace. The Information Commissioner’s Office (ICO — see page 7) defines ...
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How is AI used in workplace monitoring? [page 28] (249 words)

Need for new law [page 28] (543 words)

What protection does the current law provide? [page 30] (602 words)

What additional steps does the employer have to take? [page 30] (212 words)

Bias [page 32] (131 words)

Chapter 3

3. Monitoring in practice [page 33] (40 words)

The previous chapters have outlined the law and highlighted additional considerations when employers carry out monitoring that uses AI. In this ...
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Scope [page 33] (256 words)

When is monitoring lawful? [page 33] (356 words)

Which lawful basis? [page 34] (952 words)

Capturing special category data [page 37] (690 words)

Telling workers [page 38] (133 words)

What can employers do with the information they collect? [page 38] (139 words)

Can workers send private e-mails and messages at work? [page 39] (462 words)

Can employers monitor phone calls? [page 40] (195 words)

When can employers use CCTV and video surveillance? [page 40] (610 words)

Covert monitoring [page 42] (645 words)

Filming other than for surveillance [page 43] (334 words)

Refusal to provide information [page 44] (354 words)

Further information

Appendix 1: Checklist for reps [page 45] (371 words)

The recent focus on AI may present an opportunity for reps to ask employers to carry out an audit of all their monitoring activities. ...
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Appendix 2: Legitimate interests assessment [page 46] (356 words)

“Legitimate interests” is the most common lawful basis for an employer to rely on when processing workers’ data. The ICO has developed a ...
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