international employment law firm alliance L&E Global
United Kingdom

UK: ICO publishes Draft Guidance on Workers’ Health and Monitoring At Work

Authors: Corinna Harris and Charles Urquhart


Both the draft guidance on monitoring at work and draft guidance on information about workers’ health cover key topics such as lawful basis for monitoring/ for processing health data, transparency, fairness and accountability, as well as providing guidance on data protection impact assessments, automated decision making, security and retention.

The monitoring at work guidance also covers specialist topics such as covert monitoring, use of biometric data, call monitoring, dashcams and device activity. The ICO has also published an impact scoping document and plans to publish additional practical tools such as checklists.

The workers’ health data guidance also provides guidance on issues such as sickness, injury and absence records, occupational health schemes and medical examinations.

Key Action Points for Human Resources and In-house Counsel

The ICO notes that, as the world of work continues to adjust to changes resulting from the pandemic, as well as to new innovations and technologies, its approach to guidance should change.

The ICO is publishing its draft guidance on employment practices in stages, and is planning to create a hub for guidance for employers and workers.

The monitoring at work guidance is open for consultation until 11 January 2023, while consultation on the guidance relating to workers’ health data closes on 26 January 2023.

ICO consultation on the draft employment practices: monitoring at work guidance and draft impact assessment

ICO consultation on draft employment practices guidance – information about workers’ health