Law guide: Employment

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Privacy

Privacy

Contents

Introduction

Staff who are using their homes for working have a right of privacy out-of-hours and need to be able to separate their working and home lives. Times when they can or cannot be contacted on work issues should be agreed.

Monitoring systems

If any kind of monitoring system is put in place it needs to be proportionate to the objective and in compliance with the Information Commission's Employment Practices Data Protection Code of Practice. Detailed materials, including the Code of Practice and up to date summaries can be obtained directly from the Information Commission's website, whose link can be found below:

Information Commission's website or the Scottish Information Commissioner's website.

Health monitoring

Similarly European Directive 90/270 establishes employer responsibility for health monitoring relating to:

  • Ocular risks
  • Musculo-skeletal problems
  • Work station conditions and environmental problems

Such mechanisms should be strictly proportionate to the objective and do not constitute a right to 'spy' on employees.