Covert monitoring

Filed Under: Data Protection - Factsheets | Published on: Monday, 16 January 2012 01:50 PM
Circumstances when covert monitoring can be carried out
 
Covert monitoring can only be used in exceptional circumstances, as it will be rare for covert monitoring of workers to be justified.
You must only carry it out where you are satisfied that:
 
• There are grounds for suspecting criminal activity or equivalent malpractice; and
• Notifying individuals about the monitoring would prejudice its prevention or detection.
 
Covert monitoring must be strictly targeted at obtaining evidence, as part of a specific investigation, within a set timeframe and should cease once the investigation is complete.
 
You should not use covert monitoring in areas where workers would genuinely and reasonably expect to be private (e.g. toilets, offices allocated to one individual).  The only exception to this is likely to be where you suspect a serious crime and you intend to involve the police.
SEARCH TERMS: EMPLOYEE, COVERT MONITORING, EVIDENCE, CRIMINAL ACTIVITY
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