Under data protection rules, your employer is required to tell you in advance if they are going to monitor your use of the internet or the email system (and the reason why they will be carrying out the monitoring). Sensible employers will have a policy that allows staff some personal use of the web, so that such monitoring is not necessary. Your employer is only allowed to use covert monitoring (i.e. monitoring which you are not informed of) in very rare circumstances, e.g. where a crime needs to be investigated.
If your employer has failed to inform you that he or she is monitoring you, speak to your union rep if you have one. You also have the right to complain to the Information Commissioner. In any event, it is always sensible, before using your employer’s electronic systems, to check out any workplace policies. Data protection rules may not prevent your employer from disciplining you for misusing their system. Check whether your employer permits you to use email or the internet for personal reasons.
The Information Commissioner has issued guidance advising employers to prepare workplace surveillance policies and to consult staff when doing so. This guidance can be found on the Information Commissioner’s website at www.ico.gov.uk.
