On October 12, 2022, the UK Information Commissioner’s Office (“ICO”) opened a public consultation seeking feedback on the draft guidance document on employment practices, specifically relating to monitoring at work (the “Monitoring at Work Guidance”).

The Monitoring at Work Guidance aims to provide practical guidance and good practices relating to monitoring UK workers in accordance with data protection legislation. It addresses key gaps in the current ICO Employment Practices Code, and provides useful guidelines on the lawful bases for monitoring, the application of data protection principles set out in the UK GDPR as well as practical guidance on specific types of workplace monitoring (e.g., covert monitoring, automated processes, biometric data etc.). The public consultation will be open until January 11, 2023 and interested parties may submit their feedback on how to improve the guidance. For more information on the key issues in the ICO’s draft Monitoring at Work Guidance, and how this latest guidance compares with prior guidance on monitoring at work, please see our Inside Privacy blog here.

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Photo of Helena Milner-Smith Helena Milner-Smith

Helena Milner-Smith helps companies navigate complex international HR-legal compliance issues.

Helena advises clients across a range of industries on all aspects of UK and international employment law, including the HR aspects of privacy compliance and human rights regulation.

Helena has particular expertise advising…

Helena Milner-Smith helps companies navigate complex international HR-legal compliance issues.

Helena advises clients across a range of industries on all aspects of UK and international employment law, including the HR aspects of privacy compliance and human rights regulation.

Helena has particular expertise advising on the HR-legal aspects of multi-jurisdictional transactions. She also regularly assists clients seeking to protect their business and increase international compliance by designing and implementing global policies, employment contracts and restrictive covenants.

Helena has been recognised by Legal 500 UK for her “exceptional service” and “responsive and practical” advice.

In addition, Helena has gained valuable in-house experience while on secondment at three large multinational corporations – a pharmaceutical company, an oil company and a leading investment bank.