The epidemic has resulted in a dramatic change in the number of workers who work from home. For businesses, this can have both positive and negative consequences. One of the major drawbacks is that some employees may be more inclined to avoid their regular duties due to the lack of face time or supervision they would get at the workplace.
With more and more technological firms supplying goods that assist in monitoring UK workers who work from home, technology has a solution for this problem. The question is whether employers may properly utilize these technologies to keep track of employees under data protection regulations.
Unfortunately, there is no one-size-fits-all solution, and employers must evaluate several factors before deploying such technology. Here are some of the most critical data protection issues to consider.
Lawfulness of Processing: The first step is determining whether the employer has a lawful basis for processing the remote worker’s data. The GDPR requires that all data processing activities be based on one of six legal grounds listed in Article 6. In most cases, employers must rely on either consent or legitimate interests.
If the remote worker has consented to the monitoring, then the employer must ensure that the consent is freely given, specific, informed, and unambiguous. The remote worker must also be able to withdraw their consent at any time.
If the remote worker has not consented, the employer must show that the monitoring is necessary for their legitimate interests. This will require a balancing test, considering the remote worker’s rights and interests.
Remote Work Data Protection Impact Assessment (DPIA):
The second data protection issue to consider is data minimization. The GDPR requires that all data processing activities be limited to what is necessary for the purposes it is being processed. This means that employers should only collect and process the remote worker’s data if it is necessary for monitoring their work.
The employer should also consider whether there are any less intrusive ways to achieve the same purpose. For example, if the employer is only interested in monitoring the remote worker’s productivity, they may be able to do so without collecting and processing personal data.
Transparency:
The third data protection issue to consider is transparency. The GDPR requires that all data processing activities must be carried out transparently. This means that employers must inform the remote worker of the purpose of the monitoring and the legal basis for processing their data.
The employer should also provide the remote worker with information about their rights under the GDPR, including the right to access their data, the right to object to the processing, and the right to complain to the supervisory authority.
Purpose limitation and data minimization:
The fourth data protection issue to consider is data minimization. The GDPR requires that all data processing activities be limited to what is necessary for the purposes it is being processed. This means that employers should only collect and process the remote worker’s data if it is necessary for monitoring their work.
The employer should also consider whether there are any less intrusive ways to achieve the same purpose. For example, if the employer is only interested in monitoring the remote worker’s productivity, they may be able to do so without collecting and processing personal data.
Right to privacy:
The fifth data protection issue to consider is the right to privacy. The GDPR gives individuals the right to respect their private and family life, home, and correspondence. This means that employers must ensure that any monitoring of remote workers is carried out in a way that respects their right to privacy.
For example, employers should avoid monitoring activities intruding into the remote worker’s personal life, such as tracking their location or monitoring their communications.
Security:
The sixth and final data protection issue to consider is security. The GDPR requires that all data processing activities must be carried out securely. Employers must implement appropriate technical and organizational measures to protect the remote worker’s data from unauthorized access, disclosure, or destruction.
For example, employers should ensure that the remote worker’s data is encrypted and that only authorized personnel can access it. Employers should also implement procedures to ensure that the remote worker’s data is destroyed once it is no longer needed.
By following these six data protection principles, employers can ensure that they comply with the GDPR when monitoring remote workers.
