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ARTICLE · 27 MARCH 2024

Employment Practices And Data Protection: Monitoring Workers 101

K&L Gates
K&L Gates
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The Information Commissioner's Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly.

United KingdomPrivacy
K&L Gates
K&L Gates

The Information Commissioner's Office (ICO) has recently published guidance for employers on monitoring workers lawfully, transparently and fairly. The guidance aims to protect workers' data protection rights and help employers to build trust with workers, customers and service users. With Artificial Intelligence (AI) on the rise, the temptation may be strong for employers to leverage those emerging technologies in that space. This alert summarizes some specific steps employers should prioritise in light of the ICO guidance.

Basic Data Protection Considerations

Any worker monitoring process will likely entail the processing of personal data and, as a consequence, will require employers to duly assess the most relevant (and sole possible) legal basis for the processing operation, among the six allowed under the UK GDPR. These are:

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