Yes, you must identify a clear reason for carrying out the monitoring. You do not have an automatic right to monitor your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' correspondence and online activity simply because you are their employerA person or business hiring one or more staff members..

Indiscriminately tracking and reviewing email and internet use by all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. for a general purpose, such as managing productivity, is unlikely to be sufficiently specific or legitimate. Such monitoring is more likely to be acceptable if it is carried out in a targeted manner; for example, in response to a specific measurable drop in productivity among certain staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members.

Think carefully about the specific goal you are trying to achieve and keep this in mind at every stage of the process. The more intrusive the monitoring you plan to undertake, the stronger your justification must be. Note that the reason you identify must fall within one of the six lawful bases for processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual.. In nearly all cases, the legal basis for monitoring your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' correspondence or web browsing will be the protection of the legitimate interestsInterests which are lawful and clearly articulated, that consist of real and present concerns as opposed to mere speculation. of your business, if there is no other way you can do this. See Q&A 3 for further information about your obligation to consider alternatives and When to use personal data for more information about lawful bases for processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. data.

You must make sure you do not justify your monitoring for a reason that relates to any protected characteristicAge, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. such as sex, race, age, disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., religion, gender reassignment, marriage or civil partnership status or sexual orientation. For example, if you only decide to monitor the online activity of your employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. under the age of 25, you could face claims for discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. on the basis of age.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure your reasons are justified; see Q&A 4 for further information about this.

Yes. You must not start monitoring your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' correspondence and web browsing if there is a less intrusive way that you can reasonably achieve your purpose .

For example, if you have concerns about inappropriate use of companyA private company limited by shares incorporated and registered in England and Wales. email, you might be able to deal with it by giving additional training and supervision, rather than monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. emails directly. Similarly, if you have concerns about staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. web browsing, consider an acceptable use policy and blocking access to certain websites, rather than conducting blanket monitoring of internet use. For concerns about reduced productivity, you could try placing emphasis on staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. meeting more frequent, short-term targets so that you can keep a closer eye on their productivity, rather than, say, recording keystrokes or mouse movements during working hours. If your concern is about data securityAlso known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. outside your office, you could ensure that you provide staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' own devices with suitable securityAlso known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. software or require them to work via a cloud-based application.

Prevention of unacceptable use is far preferable to detecting it and punishing staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. after the fact.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly considered alternatives; see Q&A 4 for further information about this.

Having identified a legal basis and specific purpose for your monitoring (see Q&A 2), you should usually carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., particularly if you are using new technology to monitor. You must carry one out if the monitoring you are planning is likely to pose a high risk to the privacy rights of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., or if your monitoring involves tracking your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' online behaviour, so the more widespread and intrusive the monitoring, the more likely you are to be legally obliged to do a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment.. Note that the ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. also recommends that it is best practice to also consider carrying out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. if you will be processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation. (eg health data) or data belonging to vulnerable individuals.

Do not forget that your DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. is not just a box-ticking exercise; you must take appropriate action depending on the recommendations of the assessment. If you decide not to conduct one, the ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. recommends that you document your reasons so you can justify your decision later if asked.

For an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. emails or web browsing, see Impact Assessment (monitoring staff emails and web browsing).

For an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. working remotely or using their own personal devices for business purposes, see Impact assessment (monitoring staff working remotely or on personal devices) (see Q&A 8 for further information about this type of monitoring).

For an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. social media pages or other personal online accounts, see Impact Assessment (monitoring staff social media pages) (see Q&A 9 for further information about this type of monitoring).

For an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before opening staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. post, emails or voicemails, see Impact assessment (opening staff post, emails or voicemails) (see Q&A 10 for further information about this).

For more general guidance about how to carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., see Data protection impact assessments.

This will depend upon the situation, but must always be kept to a minimum.

Before you start monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. correspondence and online activity, you must ensure that you have identified a clear reason and objective for doing so; see Q&A 2 for further information about this.

Your right to monitor your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member for the reason identified must always be balanced against your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's own right to respect for private and family life. When carrying out the monitoring, you must therefore make sure you minimise the extent of it as far as possible to achieve your objective. For example, if there is a problem with a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member spending too much time on the internet for non-work related purposes, the ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. recommends that you consider recording the amount of time spent accessing the internet rather than tracking the full details of every website visited, or configure tracking software to simply flag the frequency and time spent on specified sites (eg Facebook, YouTube, Twitter) rather than including full details of every page visited.

For specific guidance about steps you can take to minimise the extent of the impact on staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members if you need to access their email accounts or other correspondence, see Q&A 11.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly assessed the extent of the monitoring you should undertake; see Q&A 4 for further information about this.

When monitoring the correspondence or web browsing of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., you must not usually access or store sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation., unless you have a specific legal obligation to do so or the information has been made public by the individual in question. For full guidance on your obligations if you might need to deal with sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation., see When to use personal data.

There are some obvious limitations to the monitoring you can carry out as a result; for example, you should avoid intercepting private webmail or monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. use of health or medical websites and online banking. Care is particularly important where home networks or personal devices are concerned, as it will be easy for private information to be caught by any monitoring. You might consider only monitoring the use of certain apps or software by remote workersStaff members who have an obligation to do their work personally for someone who is not their client or customer. or on personal devices. See Q&A 8 for further information about monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who work remotely.

You should consider allowing your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to actively prevent their data being seen by you, if they wish to protect their own private and sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation.. This might be achieved by, for example, allowing staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to create personal folders for documents and in email applications, and personal spaces in cloud applications such as calendars so that staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. can book in private appointments. If you are carrying out periodic securityAlso known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. scans as part of your monitoring of remote workersStaff members who have an obligation to do their work personally for someone who is not their client or customer. or personal devices, you should ensure that individuals are able to select the files that are and are not accessed and scanned for securityAlso known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. , so that personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual. on home networks and personal devices is not inadvertently accessed. Alternatively, you could require staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to create a new user profile on their own network or device for business purposes, to ensure that all work-related data is stored separately from personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual..

In nearly all cases, you must ensure your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are aware of any monitoring before you carry it out. Monitoring will be considered covert if the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members being monitored are unlikely to know the collection of data is taking place. The ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. advises that it can only be legally justified in exceptional circumstances. As a general rule, covert monitoring should only be used for the prevention or detection of criminal activity (or other malpractice that poses an equivalent risk).

Carrying out covert monitoring without clear justification will not only represent a breachA violation of a legal or moral obligation. of your legal data protectionThe area of law which deals with the way in which data can be handled. obligations, which can carry significant financial penalties (see Q&A 41), but could also lead to you facing legal claims for invading the privacy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. As regards staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you must not act in a way to seriously damage or destroy the relationship of trust and confidence between you, unless you have good reason to do so. Covert monitoring activities could undercut this duty. The duty forms part of your employment contracts, so if you fail to uphold it, you will be in breach of contractFailing to keep to the terms of a contract by doing something which is forbidden or failing to do something which is required under the contract. and your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. may be able to sue you for it, or resign and claim constructive dismissalWhere an employee has resigned because his employment contract has been seriously breached, he can regard himself as having been dismissed..

You should alert your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to the possibility of being monitored by preparing a clear policy about your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. monitoring. For template policies you can use, see IT, communications and social media policy and Staff privacy notice. These can also all be produced as part of our template staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures. using Staff handbook and policies.

You may also consider using software to flag any correspondence or browsing which is being monitored so that staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. have the option at the time not to send the email or remain on the web page. Similarly, if you are monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. emails for large attachments or to unknown recipients (eg to protect your proprietary data), a warning dialogue box can be triggered to make it clear to a user before sending the email that it will be flagged by your monitoring system. If you require individuals to log into a portal, website or app in order to work remotely, you could include a page which clearly sets out the extent of any monitoring that will take place as part of the login process.

Yes, but you will need to go through various steps and considerations in order to ensure that you are doing so lawfully and in compliance with your data protectionThe area of law which deals with the way in which data can be handled. obligations, which are designed to protect the privacy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer..

It is becoming more common to offer staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. the option to work remotely or using their own personal devices. The perceived risk of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. misusing working time may be considered higher if such an individual is out of sight. However, monitoring an individual's own personal devices or home networks carries clear and obvious privacy risks, so you must be particularly careful to comply with your legal data protectionThe area of law which deals with the way in which data can be handled. obligations when doing so. Failure to comply with your obligations can result not just in reduced productivity due to staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. dissatisfaction, but in significant penalties being levied against your business by the ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. (see Q&A 41 for further information about this).

For guidance on the steps and considerations you need to carry out in order to comply with your obligations, see Q&A 1 and following.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring will help ensure that you have complied with your obligations; see Q&A 4 for further information about this and for an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. working remotely or using their own personal devices for business purposes, see Impact assessment (monitoring staff working remotely or on personal devices).

You will only be able to justify monitoring your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' social media in very limited and specific circumstances, because they are usually highly personal.

General monitoring of you staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' personal social media accounts should not be carried out; indiscriminately checking your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' social media pages for a general purpose such as checking for mentions of your business is very unlikely to be legitimate. You will need a clear reason for doing so; for instance you may have received a specific report or allegation of defamatory content about your business, or bullying between staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members through social media. However, even if there is a clear reason, you must not start monitoring your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' social media presence if there is a less intrusive way that you can reasonably achieve your purpose . For example, having a social media policy, or a bullying and harassmentUnwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended. policy, and providing suitable training for staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. should generally alleviate the need to actually monitor staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. social media pages. If there is no alternative, you should minimise the effects on your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' privacy by only looking at posts or content made during a specific time period, searching for content containing specific words, or even simply accessing a single post (eg if a complaint has been received regarding a particular post).

Clearly, if staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. must use social media for work, or have business accounts that they can use for official business, you will be able to legitimately check these, as they will not be as personal as private accounts.

Before you carry out any monitoring of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' online activity, you will need to go through various steps and considerations in order to ensure that you are doing so lawfully and in compliance with your data protectionThe area of law which deals with the way in which data can be handled. obligations, which are designed to protect the privacy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. Failure to do so can result not just in reduced productivity due to staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. dissatisfaction, but in significant penalties being levied against your business by the ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. (see Q&A 41).

For guidance on the steps and considerations you need to carry out in order to comply with your obligations, see Q&A 1 and following.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring will help ensure that you have complied with your obligations; see Q&A 4 for further information about this and for an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. social media pages or other personal online accounts, see Impact Assessment (monitoring staff social media pages).

Yes, but you will need to go through various steps and considerations first in order to ensure that you are acting lawfully and in compliance with your data protectionThe area of law which deals with the way in which data can be handled. obligations, which are designed to protect the privacy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer..

In many cases, you will have an entirely uncontroversial reason for seeking to open a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.'s post, emails or voicemails (such as unplanned staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. absence or sickness). Business projects and transactions are invariably time-sensitive, and if a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. is absent unexpectedly at a critical time, you are very likely to have a clear legitimate interest in accessing their correspondence or messages. However, you will need to balance this against the need to respect the privacy of the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member and act accordingly. This includes adopting procedures which will negate the need to open staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. correspondence in their absence, making them aware that you will do so in certain situations via a suitable policy and only accessing the minimum amount of data necessary to achieve your desired purpose. See Q&A 11 for information about the practical steps you can take to achieve this.

For full guidance on the steps and considerations you need to carry out in order to comply with your obligations, see Q&A 1 and following.

Failure to comply with your obligations can result not just in reduced productivity due to staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. dissatisfaction, but in significant penalties being levied against your business by the ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. (see Q&A 41 for further information about this).

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring will help ensure that you have complied with your obligations; see Q&A 4 for further information about this and for an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., see Impact assessment (opening staff post, emails or voicemails).

It may, in some circumstances, be necessary to access your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' correspondence; see Q&A 10 for further information about this.

However, you will need to balance this against the need to respect the privacy of the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member and act accordingly. If you do need to access your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' correspondence, you will need to make them aware that you will do so. This notification could be contained in a policy which explains how, when and why you might open post, emails or voicemails.

You should only access the minimum amount of data necessary to achieve your desired purpose. This will likely mean ensuring any access is targeted to the particular purpose you have identified for your monitoring. If the purpose is to ensure a particular project or transaction can progress in the absence of a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, you should restrict your access to correspondence and messages about that particular project, rather than reading all incoming correspondence or messages. You must also frequently review your policy to access post, emails and voicemails to ensure it is still necessary to achieve the purpose it was originally intended for. Be aware of sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation.; this must not be monitored (or indeed even stored or accessed) by your business, unless you have a specific legal obligation to do so or the information has been made public by the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member. As a practical step, you might consider encouraging staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to not have any sensitive personal post, emails or voicemails sent to their work address or phone number. You should also provide staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members designated private areas in their email or voicemail inbox, and/or encourage the use of 'personal' or 'private' labelling of emails, to avoid inadvertent monitoring of personal communications. You might also encourage staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to set up filters on their email inbox which will automatically file sensitive personal emails into a personal folder, which is not monitored or accessed in the case of absence.

In addition, you should have procedures in place which will negate the need to open staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. correspondence in the first place. For instance, if you are seeking to avoid sales or transactions stalling when a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. is absent unexpectedly, you could arrange for any absent staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members to put an out of office reply on their email for the period of their absence which provides contact details of an alternative person to contact in their absence. You might also require that another more senior member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. is copied into any email correspondence, or take steps to ensure that all business calls are routed through a switchboard so that an alternative contact can be located immediately when a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. is absent. In all cases, such alternatives must always be considered and implemented if they would achieve the same benefits as simply opening a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's inbox or post, but result in less impact for individuals.

For a template, IT, communications and social media policy, which you can adapt for your own purposes, see IT, communications and social media policy or create it as part of a staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures. using Staff handbook and policies.

Yes, you need to identify a clear reason for carrying out the tracking. You do not have an automatic right to do so simply because you are the individual's employerA person or business hiring one or more staff members..

If your business employs a driver or other person responsible for deliveries, for instance, having up-to-date information about that individual's physical location is important to your business. In addition, if a work device is lost or stolen, being able to track the geolocation data might help you to recover the device. Think carefully about the specific goal you are trying to achieve and keep this in mind at every stage of the process. The more intrusive the monitoring you plan to undertake, the stronger your justification must be.

Note that the reason you identify must fall within one of the six lawful bases for processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual.. In nearly all cases, the legal basis for monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.'s geolocation data will be the protection of the legitimate interestsInterests which are lawful and clearly articulated, that consist of real and present concerns as opposed to mere speculation. of your business, if there is no other way you can do this. See Q&A 14 for further information about your obligation to consider alternatives and When to use personal data for more information about lawful bases for processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. data.

You must make sure you do not justify your monitoring for a reason that relates to any protected characteristicAge, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. such as sex, race, age, disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., religion, gender reassignment, marriage or civil partnership status or sexual orientation. For example, if you have an unfounded concern that a disabledA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. driver might be slower to carry out their deliveries than your other drivers, and monitor them in order to check this, then you may be discriminating because of their disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities..

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure your reasons are justified; see Q&A 15 for further information about this.

Yes. You must not start monitoring your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' location using tracking software or other geolocation data if there is a less intrusive way that you can reasonably achieve your purpose.

You must be satisfied that the final action you take is reasonable and proportionate, and that you have taken measures to reduce any harmful consequences for individuals. For instance, when monitoring a driver's location you could consider features which ensure they are not tracked when driving their vehicle for non-business purposes or when on breaks. Similarly, you could ensure that any tracking systems are designed so that the location data is not available to your business unless certain circumstances occur (eg the device is reported lost or stolen). Such alternatives must be considered and implemented if they would achieve the same benefits of monitoring, but result in less impact for individuals.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly considered alternatives; see Q&A 15 for further information about this and Impact Assessment (monitoring staff location) for a template DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. you can use.

Yes, having identified a legal basis and purpose for your monitoring (see Q&A 13), you must carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment.. To carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., you should weigh up your benefit or interest in carrying out the monitoring against the impact it will have on the individuals concerned. If there are less intrusive alternatives to monitoring the physical location of workersStaff members who have an obligation to do their work personally for someone who is not their client or customer. , you should consider whether these can still achieve the purpose you are seeking (see Q&A 14).

Do not forget that your DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. is not just a box-ticking exercise; you must take appropriate action depending on the recommendations of the assessment.

For an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring the physical location of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members, see Impact Assessment (monitoring staff location).

For more general guidance about how to carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., see Data protection impact assessments.

This will depend upon the situation, but must always be kept to a minimum.

Before you start monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. using location tracking software or other geolocation data, you must ensure that you have identified a clear reason and objective for doing so; see Q&A 13 for further information about this.

Your right to monitor your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member for the reason identified must always be balanced against your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's own right to respect for private and family life. You must therefore only monitor the minimum amount of location data necessary to achieve your desired purpose. This may mean, for instance, that location data of a vehicle is stored automatically but is only accessible to your business when a vehicle leaves a predefined region or route. Alternatively, if you are carrying out location tracking to prevent the loss or theft of an item or vehicle, it may be that the location tracking is only triggered when the item or vehicle leaves a particular location or area. You should also ensure you only monitor the precise data that is required, for the purpose required. For instance, if the purpose of your location tracking is to follow the physical location of a particular vehicle or item, additional data regarding driver behaviour should not be monitored. You should not use the location tracking data for any other purposes, such as performance evaluation.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly assessed the extent of the monitoring you should undertake; see Q&A 15 for further information about this and Impact Assessment (monitoring staff location) for a template DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. you can use.

Yes, but you will need to put certain measures in place to protect their privacy. This is because you need to have a specific reason for carrying out the monitoring and it must always be kept to a minimum, so tracking an individual outside their working hours is very unlikely to be justified. In addition, you should not usually access or store sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation., unless you have a specific legal obligation to monitor such information or the information has been made public by the individual in question.

If a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member makes private use of a vehicle or device which is having its location tracked, you must ensure that they can actively prevent their data being captured by location monitoring technologies. This will help to ensure that you only capture location data when your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are working and protect the privacy of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. outside of working hours.

For further guidance on your obligations when dealing with sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation., see When to use personal data.

Yes. For location tracking, it is particularly important for staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to be made explicitly aware of the extent (and times) which they will be tracked. Monitoring will be considered covert if the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members being monitored are unlikely to know the collection of data is taking place.

The ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. advises that covert monitoring can only be legally justified in exceptional circumstances. Carrying out covert monitoring without clear justification will not only represent a breachA violation of a legal or moral obligation. of your legal data protectionThe area of law which deals with the way in which data can be handled. obligations, which can carry significant financial penalties (see Q&A 41), but could also lead to you facing legal claims for invading the privacy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. As regards staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you must not act in a way to seriously damage or destroy the relationship of trust and confidence between you, unless you have good reason to do so. Covert monitoring activities could undercut this duty. The duty forms part of your employment contracts, so if you fail to uphold it, you will be in breach of contractFailing to keep to the terms of a contract by doing something which is forbidden or failing to do something which is required under the contract. and your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. may be able to sue you for it, or resign and claim constructive dismissalWhere an employee has resigned because his employment contract has been seriously breached, he can regard himself as having been dismissed..

The ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. strongly recommends putting in place an electronic communications policy which explains when and how any location monitoring will take place. Having a policy in place can help to ensure any location monitoring is transparent. The policy must be clear and accessible, and should be as specific as possible (eg specifying exactly how and when you will carry out such monitoring). Template IT, communications and social media policy and staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. privacy noticeA statement made by a business explaining to individuals what information it collects about them and how and why it will be used, stored and shared. can be found using IT, communications and social media policy and Staff privacy notice, or they can be created as part of a staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures. using Staff handbook and policies.

In addition, you may consider providing some kind of notification or visible indication to staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. when their location is being tracked. For example, in a vehicle you could have a light or dashboardAn on-screen tool that allows users to manage preferences. Often used to indicate how personal data is used and to allow users to manage what is done with the data. indicator to show when the vehicle's location is being tracked.

Yes, you need to identify a clear reason for carrying out the monitoring. You do not have an automatic right to do so simply because you are the individual's employerA person or business hiring one or more staff members..

Most commonly, CCTV is installed for securityAlso known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. , public safety, or to deter theft. Whilst detecting or investigating criminal conduct and promoting public safety are entirely legitimate purposes for installing CCTV or video surveillance systems, as a general rule you must not use footage from such systems to monitor a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.'s general performance, relationships, timekeeping or other working practices. Think carefully about the specific goal you are trying to achieve and keep this in mind at every stage of the process. The more intrusive the monitoring you plan to undertake, the stronger your justification must be.

Note that the reason you identify must fall within one of the six lawful bases for processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual.. In nearly all cases, the legal basis for monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. using CCTV or video surveillance will be the protection of the legitimate interestsInterests which are lawful and clearly articulated, that consist of real and present concerns as opposed to mere speculation. of your business, if there is no other way you can do this. See Q&A 21 for further information about your obligation to consider alternatives and When to use personal data for more information about lawful bases for processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. data.

You must make sure you do not justify your monitoring for a reason that relates to any protected characteristicAge, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. such as sex, race, age, disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., religion, gender reassignment, marriage or civil partnership status or sexual orientation. For example, you should not justify your monitoring one member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. on the basis that they are disabledA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. and you want to ensure that their disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities. is not preventing them from complying with your health and safety rules.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure your reasons are justified; see Q&A 22 for further information about this and see Impact assessment (monitoring staff via CCTV or video surveillance) for an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. using CCTV cameras or live video feeds.

Yes. You must not start monitoring your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members using CCTV cameras or live video feeds if there is a less intrusive way that you can reasonably achieve your purpose.

You must be satisfied that the final action you take is reasonable and proportionate, and that you have taken measures to reduce any harmful consequences for individuals. Justifying video surveillance can therefore be challenging, as very often a less intrusive method can achieve the same aimAlternative Investment Market, a sub-market on the London Stock Exchange for growing companies. For instance, if you are seeking to deter staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. thefts, you could implement other securityAlso known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. processes (such as changing keyholders or keys, or having more active physical supervision) which in practice may well be more likely to achieve your aimAlternative Investment Market, a sub-market on the London Stock Exchange for growing companies of deterring theft than simply installing a camera. If the purpose of installing cameras is to protect staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. from potential accidents or hazardous situations, you could alternatively engage in more extensive training and improve your securityAlso known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. and safety procedures to minimise the risks associated with such hazards or accidents. Such alternatives must be considered and implemented if they would achieve the same benefits as video surveillance, but result in less impact for individuals.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly considered alternatives; see Q&A 22 for further information about this and see Impact assessment (monitoring staff via CCTV or video surveillance) for an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. using CCTV cameras or live video feeds.

Yes, as using CCTV is likely to result in a high risk to the individuals you are monitoring, having identified a legal basis and purpose for your monitoring (see Q&A 20), you must carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment.. To carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., you should weigh up your benefit or interest in carrying out the video surveillance against the impact it will have on the individuals concerned. If there are less intrusive alternatives, you should consider whether these can still achieve the purpose you are seeking (see Q&A 21 for further information about this).

Do not forget that your DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. is not just a box-ticking exercise; you must take appropriate action depending on the recommendations of the assessment. The ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. also recommends that you consult with your workforce when you are carrying out your DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment..

For an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. using CCTV cameras or live video feeds, see Impact assessment (monitoring staff via CCTV or video surveillance) and for a checklist of associated practical considerations to assist in completing the written assessment, see Video surveillance checklist.

For more general guidance about how to carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., see Data protection impact assessments.

Yes.

You must always keep your monitoring to the minimum necessary in order to achieve your objectives.

This will require you to think very carefully about the location of any cameras you install or use to monitor staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. For instance, having a camera in an area where staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. mix with customers or other visitors to your premises, such as a lobby area, exterior, or car park, is likely to result in extensive personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual. being captured. You should seek to avoid having cameras which unintentionally capture personal or private activity, or capture the data of visitors or other individuals who are unaware of the recording. This can be particularly challenging with video surveillance, as by its nature it is designed to capture a clear video record of all activity taking place in a given location at any point. You might achieve this by positioning any cameras to cover the smallest possible area to achieve your aims and not recording sound if you do not need to.

You must exercise particular caution around sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation.. This private and sensitive information must not be monitored (or indeed even stored or accessed) by your business, unless you have a specific legal obligation to monitor such information, the information has been made public by the individual in question, or there is a clear public interest justification. For instance, if you are carrying out video surveillance in an area where staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. make personal phonecalls, you should ensure no audio is captured to avoid unintentional capture of sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation.. Pictures alone are not regarded as sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation..

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly assessed the extent of the monitoring you should undertake; see Q&A 22 for further information about this and see Impact assessment (monitoring staff via CCTV or video surveillance) for an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. using CCTV cameras or live video feeds.

See Q&A 24 for what to do if you capture footage you do not need.

You must always keep your monitoring to the minimum necessary in order to achieve your objectives. This means that you must ensure you only monitor the precise data that is required, for the purpose required.

For instance, if the purpose of your surveillance is to deter staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. from theft, you should not make use of the surveillance footage to monitor what staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are doing during their breaks or to manage performance of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. On occasions, you may capture personal or private activity unintentionally on your surveillance systems. In such circumstances, you should not monitor or store any record of such activity, and should ensure you have taken steps to minimise the risk of such accidental capture occurring. See Q&A 23 for guidance about where to locate cameras in order to reduce the risk of accidental capture occurring.

For further information about using data captured through monitoring for the purposes of disciplining or dismissing a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member, see Q&A 40.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly assessed the extent of the monitoring you should undertake; see Q&A 22 for further information about this and see Impact assessment (monitoring staff via CCTV or video surveillance) for an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before monitoring staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. using CCTV cameras or live video feeds.

Yes. For video surveillance, it is particularly important for staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to be made explicitly aware of the location of cameras and when they are being recorded before they enter into an area that is being monitored. Monitoring will be considered covert if the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members being monitored are unlikely to know the collection of data is taking place.

The ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. advises that covert monitoring can only be legally justified in exceptional circumstances. Carrying out covert monitoring without clear justification will not only represent a breachA violation of a legal or moral obligation. of your legal data protectionThe area of law which deals with the way in which data can be handled. obligations, which can carry significant financial penalties (see Q&A 41), but could also lead to you facing legal claims for invading the privacy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. As regards staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you must not act in a way to seriously damage or destroy the relationship of trust and confidence between you, unless you have good reason to do so. Covert monitoring activities could undercut this duty. The duty forms part of your employment contracts, so if you fail to uphold it, you will be in breach of contractFailing to keep to the terms of a contract by doing something which is forbidden or failing to do something which is required under the contract. and your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. may be able to sue you for it, or resign and claim constructive dismissalWhere an employee has resigned because his employment contract has been seriously breached, he can regard himself as having been dismissed..

You can notify staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. about surveillance by installing signage, and taking steps to notify all staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. of the location of cameras. Signs should be clearly visible and readable, located at roughly eye level, contain basic contact details for your business (eg website address, phone number or email), and if it is not otherwise evident explain the purpose for the camera. Your signage should also state that your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. have rights in relation to their personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual. and indicate where they can find your full privacy information (eg on your intranet or in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.). You should also have a policy in place to help to ensure any monitoring is transparent. You could include this in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures. or have a separate policy on CCTV and video surveillance.

Yes, you need to identify a clear reason for recording your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members. You do not have an automatic right to do so simply because you are the individual's employerA person or business hiring one or more staff members..

Recording calls or meetings can provide evidence of the terms and timing of a particular transaction or sale, for instance, or can be useful for training purposes. Think carefully about the specific goal you are trying to achieve and keep this in mind at every stage of the process. The more intrusive the monitoring you plan to undertake, the stronger your justification must be.

Note that the reason you identify must fall within one of the six lawful bases for processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual.. In nearly all cases, the legal basis for recording staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. telephone conversations and meetings will be the protection of the legitimate interestsInterests which are lawful and clearly articulated, that consist of real and present concerns as opposed to mere speculation. of your business, if there is no other way you can do this. See Q&A 28 for further information about your obligation to consider alternatives and When to use personal data for more information about lawful bases for processingIn relation to data protection, processing data covers any action taken in respect of the data, including: collecting, storing, using, disclosing and erasing or destroying it. data.

You must make sure you do not justify your monitoring for a reason that relates to any protected characteristicAge, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. such as sex, race, age, disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., religion, gender reassignment, marriage or civil partnership status or sexual orientation. For example, if you only record the calls of your younger members of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. on the basis of an unsubstantiated concern that younger members of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. may not be as effective in the sales process as your older members of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., then this could amount to discriminationTreating someone differently directly or indirectly because of their age, disability, gender reassignment, marriage or civil partnership status, being pregnant and/or being on maternity leave, race, religion or belief, sex or sexual orientation. on the basis of age (the position would be different if you wanted to record calls of particular staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members because of a concern backed up by evidence of failing to meet sales targets).

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure your reasons are justified; see Q&A 29 for further information about this and see Impact assessment (recording staff meetings and telephone calls) for a template DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. you can use.

Yes. You must not start recording your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members' calls or meetings if there is a less intrusive way that you can reasonably achieve your purpose.

Implementing a policy which simply allows you to record all telephone calls and all meetings without notice is highly unlikely to be lawful. Such a policy is more likely to be legitimate if it is targeted in a manner which does not have a detrimental effect on the individual concerned. It may be that you simply adopt a policy which allows staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members to trigger when a recording is made, for instance, so that members of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. retain control of their personal dataAny information about an identifiable, living person. Information which cannot be used to identify someone on its own will still be personal data if it can be used in combination with other information to identify that individual.. Alternatively, it may be that you adopt a policy which only permits recordings of meetings with an independent third partyA person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract. present where staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members have expressly been notified and agreed in advance. Less intrusive alternatives to an audio recording will often exist (such as making contemporaneous notes and/or having an independent third partyA person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract. attend any meeting). You must be satisfied that the final action you take is reasonable and proportionate, and that you have taken measures to reduce any harmful consequences for individuals.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly considered alternatives; see Q&A 29 for further information about this and see Impact assessment (recording staff meetings and telephone calls) for a template DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. you can use.

Yes, having identified a legal basis and purpose for your monitoring (see Q&A 27), you must carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., particularly if you are using new technology to monitor. To carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., you should weigh up your benefit or interest in carrying out the monitoring against the impact it will have on the individuals concerned. Less intrusive alternatives to an audio recording will often exist (such as making contemporaneous notes and/or having an independent third partyA person who is not directly involved in an existing relationship, transaction or dispute; for example, someone who is not a named party in a contract. attend any meeting). As part of your assessment, you must consider whether less intrusive alternatives can achieve the same purpose you are seeking. You must be satisfied that the final action you take is reasonable and proportionate, and that you have taken measures to reduce any harmful consequences for individuals.

Do not forget that your DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. is not just a box-ticking exercise; you must take appropriate action depending on the recommendations of the assessment.

For an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before recording staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. telephone calls and meetings, see Impact assessment (recording staff meetings and telephone calls).

For more general guidance about how to carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., see Data protection impact assessments.

When deciding how to go about recording staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. telephone conversations or meetings, you must bear in mind that you should only record and store the minimum amount of data necessary to achieve your desired purpose. This will likely mean ensuring any recording, storage and access is targeted to the particular purpose you have identified for your monitoring. For example, if you need to record calls to provide a record of customer transactions or training purposes, you could have a policy of only recording customer calls and not internal ones.

When recording telephone calls or staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. meetings, there is a risk that you may stumble across sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation.. This private and sensitive information must not be monitored (or indeed even stored or accessed) by your busi, unless you have a specific justification (such as an overriding legal obligation to monitor such information, or a clear public interest justification). As a practical step, you might consider encouraging staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. to not conduct sensitive personal conversations on their work telephones.

Yes, you should notify staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members in advance of the relevant telephone call or meeting that you will be making a recording of.

Yes, you must notify staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members in advance of the relevant telephone call or meeting that you will be making a recording of. Monitoring will be considered covert if the staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members being monitored are unlikely to know the collection of data is taking place.

The ICOInformation Commissioner's Office. An independent body which upholds information rights in the public interest, promoting and policing data privacy for individuals. advises that covert monitoring can only be legally justified in exceptional circumstances. Carrying out covert monitoring without clear justification will not only represent a breachA violation of a legal or moral obligation. of your legal data protectionThe area of law which deals with the way in which data can be handled. obligations, which can carry significant financial penalties (see Q&A 41), but could also lead to you facing legal claims for invading the privacy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. As regards staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you must not act in a way to seriously damage or destroy the relationship of trust and confidence between you, unless you have good reason to do so. Covert monitoring activities could undercut this duty. The duty forms part of your employment contracts, so if you fail to uphold it, you will be in breach of contractFailing to keep to the terms of a contract by doing something which is forbidden or failing to do something which is required under the contract. and your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. may be able to sue you for it, or resign and claim constructive dismissalWhere an employee has resigned because his employment contract has been seriously breached, he can regard himself as having been dismissed..

You may provide notice to individual members of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. specifically, or more generally in a written policy if recordings of telephone transactions are routinely made for auditA thorough review or assessment of something. Often, an audit will inspect a business's accounts or the state of a business's premises. or evidential purposes. You should also notify staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members of the purpose of such recording, and who it will be disclosed to. You must ensure the recording is only used for the stated purpose.

Yes. As the samples and results of drug and alcohol testing are sensitive personal dataAlso known as special category data. Personal data which is particularly sensitive in terms of the impact it could have on the rights and freedoms of individuals. It includes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a person, data concerning health or data concerning a person's sex life or sexual orientation., you must be very careful to identify a clear and justifiable reason for carrying out the testing.

Drug and alcohol testing is more likely to be justified where it is necessary to detect drinking or drug use which puts the member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. or other individuals at risk; if this is not the case, regular testing is unlikely to be justified. For instance, in a transport business a random drug test on a coach driver is more likely to be justified than a random drug test on a ticket office booking agentA person who acts on behalf of another (eg an employee or a solicitor). . Any ad hoc testing, which is not part of a regular testing process, should be clearly based on evidence or a particular incident, rather than your own unsubstantiated suspicion. You must make sure you do not justify your decision to test for a reason that relates to any protected characteristicAge, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation. such as sex, race, age, disabilityA physical or mental impairment which has a substantial or long-term effect on a person’s ability to carry out normal day to day activities., religion, gender reassignment, marriage or civil partnership status or sexual orientation. For example, if your policy is to carry out random drug tests in order to ensure the safety of drivers, these tests must be genuinely random and you must not single out employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. on the basis of race or age.

You must always consider whether there is a less intrusive way of meeting your goal; see Q&A 33 for further information about this.

Justifying drug and alcohol testing can therefore be challenging, as the threshold is high. In all cases, you must have a clear drug and alcohol policy in place so that staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are aware both of your expectations and of the fact that testing may take place. Note that, although you must obtain the consent of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. before implementing any drug and alcohol testing , you cannot rely on consent as the sole legal basis or justification for your drug and alcohol testing This is because consent is not regarded as freely given or valid if a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has no genuine choice but to agree to it. This is particularly important in the context of drug and alcohol testing, where staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are likely to conclude that refusing to take a test is likely to result in certain negative inferences being drawn. See Q&A 38 for further information about making staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. aware of testing and obtaining consent.

As the justification for carrying out drug and alcohol testing will most likely be to assess the working capacity of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., you will need to have a medical professional conduct the necessary testing.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before carrying out testing is a good way to make sure your reasons are justified; see Q&A 35 for further information about this and see Impact Assessment (drug and alcohol testing) for a template DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. you can use.

Yes. You must not carry out drug and alcohol testing if there is a less intrusive way that you can reasonably achieve your purpose.

You must be satisfied that the final action you take is reasonable and proportionate, and that you have taken measures to reduce any harmful consequences for individuals. For example, following an incident in the workplace, you should only use drug or alcohol testing where it will be significantly more effective at demonstrating your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member's impairment than other alternatives. In the first instance, it may be most appropriate for you to simply carry out a hand-eye co-ordination or cognitive ability test.

Conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before implementing monitoring is a good way to make sure you have properly considered alternatives; see Q&A 35 for further information about this and see Impact Assessment (drug and alcohol testing) for a template DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. you can use.

Yes. Having identified a purpose for your testing (see Q&A 33), you must carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment.. To carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., you must weigh up your benefit or interest in carrying out the drug and alcohol testing against the impact it will have on the individuals concerned. The extent of the testing you plan to carry out must be assessed and if there are less intrusive alternatives, you should consider whether these can still achieve the purpose you are seeking.

Do not forget that your DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. is not just a box-ticking exercise; you must take appropriate action depending on the recommendations of the assessment.

For an assessment form tailored to conducting a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. before carrying out drug or alcohol testing on staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., see Impact Assessment (drug and alcohol testing).

For more general guidance about how to carry out a DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment., see Data protection impact assessments.

When deciding exactly how you will carry out the monitoring necessary to achieve your purposes, you must ensure you minimise the extent of your testing to the greatest extent possible to achieve your desired purpose. This will require you to think very carefully about the type of testing you carry out, as well as the frequency with which you carry out testing (see Q&A 37) and the period of time for which you retain the results (see Q&A 39).

If you deem drug and alcohol testing necessary, you must be careful to ensure the extent and intrusiveness of the testing you carry out is proportionate to the risk. Some tests are designed to detect the use of a particular drug within the previous eight hour period, for instance, whereas other tests can detect the use of a wider range of substances over a longer period. A positive test result may therefore indicate that a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. has taken a particular substance, but it will not necessarily mean that the member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. was under the influence of that substance when they were tested. In the first instance, both to save costs and to avoid the potential complexities, it is often more appropriate for you to simply carry out a hand-eye co-ordination or cognitive ability test.

Your DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. should assist in identifying the least intrusive form of testing for the purpose required; see Q&A 35 for further information about this and see Impact Assessment (drug and alcohol testing) for a template DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. you can use.

When deciding exactly how you will carry out the monitoring necessary to achieve your purposes, you must ensure you minimise the extent of your testing to the greatest extent possible to achieve your desired purpose. This will require you to think very carefully about the frequency with which you carry out testing, as well as the type of testing you carry out (see Q&A 36) and the period of time for which you retain the results (see Q&A 39).

Any kind of frequent, blanket testing where, for example, you test staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. for all substances consumed in the previous month and store the results for significant time is unlikely to be justifiable. Instead, you should carry out targeted testing which seeks only to identify consumption of drugs or alcohol which is likely to directly affect the individual's ability to work and/or pose a risk to other staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. or customers.

Your DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. should assist in identifying the least intrusive form of testing for the purpose required; see Q&A 35 for further information about this and see Impact Assessment (drug and alcohol testing) for a template DPIAData protection impact assessment: A process to identify and minimise the privacy risks of new projects or policies, by considering their impact on individuals' data privacy. Also known as a privacy impact assessment. you can use.

Yes. Any testing for drugs or alcohol must be transparent and staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. must be aware that drug and alcohol testing is taking place. Covert testing where an individual is unaware they are even being tested is never likely to be permitted, not least because informed consent will be required in order to validly obtain the necessary sample to test an individual for drugs or alcohol.

Carrying out covert testing without clear justification will not only represent a breachA violation of a legal or moral obligation. of your legal data protectionThe area of law which deals with the way in which data can be handled. obligations, which can carry significant financial penalties (see Q&A 41), but could also lead to you facing legal claims for invading the privacy of your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer.. As regards staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members who are employeesIndividuals hired personally to work under contracts of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work., you must not act in a way to seriously damage or destroy the relationship of trust and confidence between you, unless you have good reason to do so. Covert testing would almost certainly undercut this duty. The duty forms part of your employment contracts, so if you fail to uphold it, you will be in breach of contractFailing to keep to the terms of a contract by doing something which is forbidden or failing to do something which is required under the contract. and your employeeAn individual hired personally to work under a contract of employment, usually in exchange for payment. Employees are normally fully integrated into the business and the employer exercises a large degree of control over their work. may be able to sue you for it, or resign and claim constructive dismissalWhere an employee has resigned because his employment contract has been seriously breached, he can regard himself as having been dismissed..

You can ensure staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are aware of when and how testing will take place by including the relevant details in a drug and alcohol policy. Your drug and alcohol policy should set out your expectations in a clear and measurable way and make staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members fully aware of the possibility of testing taking place, when and how such testing will be conducted, and the likely consequences of a failed test. For a drugs and alcohol policy which you can adapt to suit your needs, see Staff handbook and policies (where you can choose to generate the policy either on its own or as part of a full staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures.).

The general rule is that you must only use the data for the purpose you collected it and staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. need to be aware of this purpose. Therefore, if an intended consequence of your monitoring is that it could trigger disciplinary action, or dismissal, you must be clear with staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. that the monitoring is being carried out to ensure staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. members are complying with their obligations to you, what standards are expected, and what the likely consequences are if your monitoring reveals that a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. has not met those standards. This information could be set out in the relevant policy in your staff handbookA staff handbook is a manual provided to employees by an employer which usually contains information about company policies and procedures. or in the notification you sent to staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. before you started the monitoring. Provided you have done this, you can potentially use any data you have collected to discipline or dismiss a member of staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer..

If your monitoring was carried out for a purpose other than to check that staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are complying with their obligations to you, the position will be different. For example, in most cases CCTV is used for securityAlso known as a debenture, charge or mortgage, security over an asset or assets (such as cash, debts, real estate or equipment) is given by a borrower (and sometimes a third party such as a shareholder of the borrower) to a lender in case the borrower fails to make a payment due. Security is also used to refer to a personal guarantee of a borrower's payment obligations to a lender, typically given again by a shareholder and sometimes secured over the shareholder's personal assets. In the event of a borrower's failure to make a payment due to a lender, the lender will have the right to sell any asset secured or call in the guarantee. reasons, for public safety reasons, or to deter theft. Using data from video surveillance for another purpose such as monitoring or policing general performance and working practices of a staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member is considered highly intrusive and is far less likely to ever be justifiable. You must only use the video footage for the specific purpose for which it was collected.

A caveat to this is that you may be justified in using information collected through monitoring for a purpose other than that for which it was originally introduced if it reveals activity that no employerA person or business hiring one or more staff members. could reasonably be expected to ignore. Therefore if a telephone call recorded for training purposes reveals that your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member has been abusing customers or revealing confidential companyA private company limited by shares incorporated and registered in England and Wales. information, for example, you may be justified in using this for disciplinary purposes.

In addition, for investigation or detection of crime, exceptions exist which allow you to use the data free from restriction. So a complaint of sexual harassmentUnwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended., for instance, could be investigated by accessing emails or reviewing CCTV footage even if the collection or monitoring of such data was not originally carried out for that purpose.

If you use data collected through monitoring for disciplinary purposes, you must present it to your staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. member and allow them to make representations about it before you take action. For more information about disciplining staffAnybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer., see Taking disciplinary action.