Staff monitoring guidelines issued for businesses

The Data Protection Commission (DPC) is issuing guidelines this week aimed at helping managers know when they can legally monitor their staff.

The guidelines say employers should only scrutinise staff's use of email, the internet and the telephone when there is suspicion of actual criminal activity or behaviour that contravenes conditions of employment.

The DPC hopes the updated advice will allow companies to avoid infringing the Data Protection Act, the newly-implemented Human Rights Act and the Regulation of Investigatory Powers Act.

"For a long time we have had in our minds that we ought to give some guidance in this area," said DPC assistant commissioner, David Smith. "Technology is developing with the use of email and surveillance technology, and the law is changing as well."

Smith warned, however, that monitoring should only ever be carried out when there is justification, and in proportion to the risk. "Just because there is some minor risk, you don't read through everybody's email," he said.

"The underlying legislation is a complete mess. There is loads of legislation that is contradictory," said Dai Davis, solicitor and consultant at law firm Nabarro Nathanson. "There is no one to police it. Most individuals who are breached never sue, apart from the odd union case, and so things will go on as they are."

Eminister Patricia Hewitt suggested last week that businesses could record or monitor communications for a wide range of purposes.