Employers who monitor their employees' internet use, emails, social media activity or use cameras in the workplace need to strike a balance between safeguarding legitimate business interests and respecting individual privacy rights.

An independent European advisory body known as the Article 29 Working Party has recently published some useful guidance which local employers should consider when monitoring staff.

There are three main principles for employers to consider:

1. Any staff monitoring must be necessary, proportionate and be as least intrusive as possible.

2. Staff should be aware that they are being monitored.

3. Employers should never solely use automated systems involving the processing of an individual's data when making decisions about a member of staff, particularly in relation to performance matters, unless consent is given.

What about social media?

Employers need to have a legal basis if they monitor an employee's social media profile. This is particularly true during a recruitment process, even if the profile is publicly available. Employers should only process data that is necessary and relevant to the job, and should delete it when it becomes clear that no job offer will be made to a candidate.

Businesses will also find it difficult to justify monitoring all online activity of their staff. Such actions are likely to be judged as disproportionate. Employees must be notified of any monitoring and the methods used should cause as little invasion of privacy as possible.

So, what should i do now?

Watford employers should ensure their monitoring policies are compliant with the new guidance. They should also adopt systems for monitoring which are transparent and fair. This is particularly important with the introduction of the new General Data Protection Regulations in 2018.

- Michael Delaney is a Partner in the Employment team at Watford-based law firm VWV