Covert Surveillance of Employees

Posted in : HR Updates on 21 October 2008 Issues covered:

Covert monitoring is difficult to justify under the Data Protection Act, since the requirement of fairness involves informing individuals of the monitoring. However, covert monitoring is likely to be lawful if you are satisfied that there are grounds for suspecting criminal activity or equivalent serious misconduct such as fraud and where letting employees know of the monitoring would prejudice its detection or prevention.

The Information Commissioner takes the view that a good test for considering whether covert monitoring is justified is to consider whether the activity being monitored is of sufficient seriousness that it would be reasonable for the police to be involved (although it is

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This article is correct at 06/08/2015

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.