The Information Commissioner's Office (ICO) is producing topic-specific guidance on employment practices and data protection. It is releasing its drafts of the different topic areas in stages and adding to the resource over time. It has now published a draft of its guidance on monitoring at work for public consultation.

The draft guidance aims to provide practical guidance about monitoring workers in accordance with data protection legislation and to promote good practice.

Before drafting the guidance, the ICO issued a call for views between August 2021 and October 2021 to inform its work in developing updated employment guidance. This sought input from relevant stakeholders, including employers, professional associations, those representing the interests of staff, recruitment agencies, employment dispute resolution bodies, workers, volunteers, employees and suppliers of employment technology solutions.

The ICO says that it also intends to produce additional practical tools (such as checklists) to go alongside the guidance to help support employment practices.

The ICO has also produced an impact scoping document, which provides a high-level outline of some potential impacts it has considered so far. The ICO is seeking feedback on this document as well as any other insights from stakeholders. This document should be read alongside the monitoring at work consultation document.

The public consultation on the draft guidance and draft impact assessment will remain open until 11 January 2023.

For further information on this topic please contact Patrick Rennie at Wiggin by telephone (+44 20 7612 9612) or email ([email protected]). The Wiggin website can be accessed at