On October 12, 2022, the UK Information Commissioner’s Office (“ICO”) opened a public consultation seeking feedback on the draft guidance document on employment practices, specifically relating to monitoring at work (the “Monitoring at Work Guidance”). The guidance aims to provide practical guidance and good practices relating to monitoring workers in accordance with data protection legislation.
COVID-19: Processing of Vaccination Data by Employers in Europe
With the rollout of COVID-19 vaccination programs across the EU and the UK, employers are faced with questions about whether or not they are legally permitted to ask employees about their vaccination status and, if so, how that information may be used.
Employers may wish to inquire about the vaccination status of their employees in order to comply with their general obligation to ensure a safe workplace and minimize the risk of exposure to COVID-19. This raises privacy issues under the General Data Protection Regulation (“GDPR”), because employees’ vaccination status falls within a special category of personal data that concerns the health of individuals (Art. 9(1)). This category is subject to more stringent data protection measures due to the sensitive and personal nature of data, and can only be processed in very limited circumstances (Art. 9(2)).
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Italian Supervisory Authority Fines Foodinho Over Its Use of Performance Management Algorithms
On July 5, 2021, the Italian Supervisory Authority (“Garante”) announced that it has fined Foodinho S.r.l. (“Foodinho”) 2.6 million EUR for its use of performance algorithms in connection with its employees. The authority held Foodinho in breach of the principles of transparency, security, privacy by default and by design, and held it responsible for not implementing suitable measures to safeguard its employees’ (i.e., riders’) rights and freedoms against discriminatory automated decision making. The Garante’s decision is the first of its kind in the realm of the algorithmic management of gig workers. According to the Garante, Foodinho’s management violated Article 22(3) of the GDPR.
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Employee Confidentiality and Data Theft: Recent UK Developments
In this blog post, we look at a recent decision by the UK Court of Appeal and a separate prosecution brought by the Information Commissioner’s Office (“ICO”; the UK data protection authority), which together serve as a cautionary tale for employees and prospective future employers of the risks of civil liability and criminal conviction for confidential information and data theft.
Clear contractual terms and policies, supplemented by training, remain critical tools for employers seeking to deter employees from misappropriating corporate information. Employers may wish to make use of these examples to underscore the importance of compliance.
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H&M Receives Record-Breaking Fine for Employee Surveillance in Violation of the GDPR
On October 1, 2020, the Hamburg Data Protection Authority (“Hamburg DPA”) fined H&M, the Swedish clothing company, over €35 million for illegally surveilling employees at its service center in Nuremberg. This fine is the largest financial penalty issued by a German DPA to date for a violation of the European General Data Protection Regulation (“GDPR”), and the second highest in Europe issued by any DPA (although other DPAs have announced their intention to issue other larger fines).
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New ICO Guidance Offers Employers Practical Advice on Implementing Safer “Bring Your Own Device” Policies
On 7 March 2013, the UK Information Commissioner’s Office (ICO) issued new guidance on the use of personal devices for business purposes. The guidance is largely informed by a survey commissioned by the ICO and carried out by the market research firm YouGov. According to the survey, 47% of adults in the UK use personal smart mobile phones, laptops or tablets for work purposes, but less than 30% are given guidance on secure use and the risks relating to personal data loss or theft.
UK companies have in recent years been increasingly amenable to allowing employees to use personal devices for business purposes, a practice known as “bring your own device” to work, or BYOD. The driving forces behind the trend for BYOD include cost considerations and a rise in flexible working practices. The ICO guidance reminds employers that their responsibilities as data controllers apply equally in the context of BYOD. In other words, employers remain liable for any data loss, theft, or damage to personal data that occurs, regardless of whether processing takes place in their secure corporate IT environment or on the personal devices of their employees.