Employee Monitoring UK GDPR: Bossware, Privacy and Compliance
More UK companies are using surveillance software (often called “bossware”) to monitor employees’ emails, web browsing, screen time and even keystrokes. A recent survey found that approximately one third of UK firms now use such technologies. While employers argue this helps protect against insider threats and maintain productivity, these tools raise serious data protection concerns. Organisations must understand how they affect legal obligations, especially under UK GDPR, and how to ensure monitoring doesn’t cross the line into invasion of privacy or unlawfulness.
Why This Matters Now
The rise in remote working, hybrid models and digital collaboration has increased reliance on digital surveillance. Employers believe monitoring helps with security, productivity and compliance. However, workers often feel undercut in terms of trust and privacy, especially when they don’t know what is being monitored. Regulators, in particular the Information Commissioner’s Office, have warned that organisations must make people aware of what monitoring takes place, why, and how it is handled. If not, organisations risk legal, reputational and financial consequences.
What’s New: Trends in Monitoring Practices
Employers now use a range of monitoring techniques more frequently. For example, many record or review screen activity. Others monitor emails, web browsing, system login and logout times, or access to internal apps. Some firms track “idle time,” review usage of non-approved software or look at engagement with social media. The survey suggests these practices are growing, even though a sizable number of managers report they don’t fully know what monitoring is happening within their own organisation. In addition, biometric access systems and camera surveillance are appearing in more workplaces, raising further questions about proportionality and necessity.
Why It Matters for Data Protection
Under UK GDPR, monitoring workers involves processing personal data. That means employers must meet obligations of lawfulness, transparency, fairness and accountability. Employees have rights including knowing what data is collected about them and why, and sometimes being able to access that data. If monitoring is excessive or hidden, employees may claim breach of privacy, unfair treatment or misuse of data. Regulators may view covert or overly broad surveillance as non-compliant. Also, employers must consider additional rules if monitoring takes place in private homes, or involves special category or sensitive data.
What You Should Be Doing Now
First, review your surveillance practices. Map every tool or system used to monitor employees, emails, computers, cameras, keystrokes, app usage. Ask what data each tool collects, who has access, where it is stored, and how long it is kept. Make sure you document these processes clearly.
Second, ensure transparency. Employers must inform workers about monitoring: what is monitored, how and why, who sees the data, how it will be used, and any automated decision-making involved. Privacy notices, staff handbooks and onboarding material should include those details. Consent or clear legal basis must be in place, especially when the monitoring involves sensitive data.
Third, assess necessity and proportionality. Not all monitoring is justified. For each tool, ask whether you could achieve the same goal with less intrusive means. For example, instead of capturing full screen recordings, perhaps logs of application usage would suffice. Or, restrict camera surveillance to security-sensitive areas rather than everywhere. Ensure costs, benefits and risks are weighed up.
Fourth, embed oversight and governance. Assign ownership of surveillance policies, ensure regular audits of monitoring tools and their impact, and establish clear lines of accountability. Provide training to managers and HR on how to use monitoring technology properly and ethically. Document decisions and have review points, especially when new tools are adopted or when regulatory guidance is updated.
Lastly, prepare for access requests and subject rights. Employees have the right to ask what personal data you hold about them under UK GDPR, including data collected via monitoring tools. If someone makes a Subject Access Request, you must disclose relevant monitoring data, unless a lawful exemption applies. Your processes must ensure you can locate, extract and explain that data clearly, showing how and why monitoring took place.
Our View / Final Thoughts
At Data Protection People we recognise that employers face real challenges in balancing security, productivity and privacy. Monitoring can offer benefits, but organisations must avoid sliding into over-surveillance. Our view is that best practice involves clear policies, open communication with employees, careful justification of tools, and strong governance. Organisations that treat employee privacy with respect do not just meet regulation – they also build trust, reduce risk, and maintain morale. In today’s landscape, complacency around monitoring practices can prove costly.
FAQs
Is it legal for employers to monitor employees’ emails and web usage?
Yes, employers can monitor emails or web usage under UK GDPR if they have a lawful basis, and if they inform staff clearly about what data is collected, why, and how it will be used.
Can staff request access to data collected via monitoring tools?
Yes. Under UK GDPR, staff have the right to make a Subject Access Request. You must disclose employee monitoring data that you hold about them, subject to any lawful exemptions.
What makes monitoring excessive or unlawful?
Monitoring becomes excessive if it’s not necessary for legitimate aims, if it lacks transparency, or if it captures more information than required. Also, hidden or covert surveillance tends to be treated as more problematic by regulators.
What should employers do when introducing new monitoring tools?
Employers should perform a Data Protection Impact Assessment (DPIA) when deploying tools that could pose risks to privacy, involve special category data, or operate at scale. They should also consult employees and possibly trade unions, set retention limits, and establish safeguards.
Contact us
If your organisation is using or planning to use monitoring or surveillance tools, our GDPR Audits team can help you assess risks and compliance. If you need guidance on staff transparency, policy drafting, or managing Subject Access Requests related to monitoring data, our Data Protection Support service is here to advise.