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Employee Monitoring

25th June 2024

The legal limits for employee monitoring (eg. an employee's computer) vary by country and jurisdiction, however, some common principles include:

  1. Consent: Employers must obtain informed consent from employees before monitoring their activities. This consent should be explicit and transparent.

  2. Legitimate Business Interests: Monitoring should serve a legitimate business purpose, such as ensuring security, preventing misconduct, or improving productivity.

  3. Proportionality: Employers should use monitoring methods that are proportionate to the risks they aim to address. Excessive or intrusive monitoring may violate privacy rights.

  4. Notice: Employees should be informed about monitoring practices, including the types of monitoring, what data is collected, and how it will be used.

  5. Data Protection: Employers must handle monitored data securely and comply with data protection laws. Personal information should be anonymized where possible.

  6. Balancing Rights: Employers must strike a balance between their right to monitor and employees’ right to privacy.

It is essential that employers observe these basic practices - to not do so, could lead to trust issues and a business leaving itself open to a violation of personal privacy claim.

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