Monitoring and security of staff

The laws and penalties for improper monitoring

Monitoring of staff largely falls within the scope of the Data Protection Act 1998, the Regulation of Investigatory Powers Act 2000 and the Human Rights Act 1998. The Copyright, Designs and Patents Act 1988 provides protection from unauthorised use or downloading of publications including electronic publications. The Computer Misuse Act 1990 protects against hacking into computer systems.

You must:

• manage data protection by complying with the principles of the Data Protection Act 1998
• alert the individuals concerned to the processing of data on employees
• consider intrusion, expectations of staff privacy at work, suitable notification and the purpose of monitoring
• set out rules for business and private use of electronic communications and vehicles owned by your business, the purpose and extent of monitoring use, and the consequences of a policy breach
• control the scope of audio and video monitoring
• strictly target and limit covert monitoring to cases where there is serious risk to the business

You must not:

• use information for any purpose other than that for which it was collected
• have blanket recording of calls and emails
• access the content of clearly marked personal emails except in exception circumstances
• have continuous video or audio monitoring, other than usual CCTV security measures
• film or make sound recordings in private places, eg toilets/staff rooms

Penalties for improper monitoring

• You could face claims for constructive dismissal if you have breached the implied terms of trust and confidence in your employees' contracts through improper monitoring.
• You may have to pay damages to any individual who suffers damage ,or damage and distress, because of a breach of data protection law, or to the sender or recipient of a communication you intercepted through monitoring.
• Individuals can also ask the Information Commissioner to make an assessment of processing by the employer.
• Your staff may be liable for damage caused by downloading inappropriate material from the Internet.
• You might be held liable for the actions of your staff if they occurred at work.

Subjects covered in this guide

• Introduction
• Why you might monitor your staff and what monitoring includes
• When an employer is allowed to monitor staff
• Set up monitoring policies
• The right ways to monitor your staff
• The laws and penalties for improper monitoring
• Checklist of monitoring issues
• Staff security - your responsibilities as an employer

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