Am I being monitored without my knowledge?

It is a general requirement of the Data Protection Act that where monitoring results in the collection, storage, use or other processing of personal data, staff should be made aware of the monitoring and why it is being carried out. Where monitoring involves video or audio surveillance, staff should be given specific information such as the location of cameras or microphones. Where communications, such as emails or telephone conversations, are monitored the information may be less specific but staff should know when to expect that information about them will be collected, why the information is being collected, who will be able to view the information and how the information may be used. The Information Commissioner’s Code of Practice on monitoring suggests that employers make this information available in staff handbooks, intranets, or other places where staff usually find out about personnel policy, and that staff are updated if significant changes are introduced. The only exception to this principle of notifying staff is the very limited case where covert monitoring is necessary in order to properly investigate a genuine suspicion of criminal activity.

The Data Protection Act also gives you important rights to ask your employer what personal information your employer is holding about you, how that information was obtained, how that information is or will be used and who is likely to have access to your personal information. If your employer refuses to give you this information, you can complain to the Information Commissioner. If you are a union member, speak to your union first. They may be able to help you resolve matters without the need for a formal complaint.