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ICO Launches Consultation on Monitoring at Work Guidance

on Friday, 21 October 2022.

The Information Commissioner's Office (ICO) has published draft guidance on monitoring at work. The guidance is open for consultation until 11 January 2023.

The ICO is producing guidance on a series of topics relating to employment practices and data protection. It is releasing drafts of its guidance in stages and has recently issued draft guidance on monitoring at work and data protection.

The guidance explains employers' legal obligations if an organisation is considering, or is already carrying out, monitoring of workers. It also addresses specific kinds of monitoring. It explains how to lawfully monitor workers and the underlying data protection law principles. It provides guidance on the extent to which the ICO considers it sensible to engage and consult with staff in respect of monitoring, and also addresses some tricky issues such as covert recording. Guidance on data protection impact assessments, security and retention is also included.

An impact scoping document has also been published to set out potential impacts of the guidance. The ICO is also seeking feedback on this document.

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For further advice on the guidance, please contact Mark Stevens in our Employment team on 0117 314 5401, or alternatively complete the form below.

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