The Department for Business and Trade wants to know whether the rules governing workplace surveillance still make sense as software increasingly tracks employees’ activity, measures their performance and supports decisions that affect their working lives.
Ministers haven’t settled on an approach. They’re asking whether non-statutory guidance would be enough, whether a statutory code of practice is needed or whether employers should be legally required to consult recognised trade unions or elected employee representatives before introducing workplace monitoring technology (“WMT”).
The consultation says WMT is becoming more common, citing research in which one in three UK organisations said they actively monitored employees’ digital activity. Two years earlier, ICO research found the figure stood at one in five employers.
The government argues WMT can improve productivity, investment and economic growth when used well. But it also highlights several pitfalls, warning of “risks to privacy and autonomy,” “disproportionate or unnecessary surveillance” and “biased or unfair outcomes” where monitoring systems rely on incomplete or inaccurate data.
Artificial intelligence features prominently throughout the consultation, though the proposals extend well beyond AI alone. It notes that WMT can incorporate automated decision-making and algorithmic management, raising questions about transparency, accountability and the impact of technology on workers.
Exactly what counts as workplace monitoring technology, though, is another question. The government is proposing a broad definition covering everything from CCTV and access control systems to biometric technologies, location tracking, keystroke monitoring, productivity software, and systems that incorporate automated decision-making or AI....<<<Read More>>>...
