Lockdown 3: 1 in 5 firms considering spy software that tracks employees working from home

A survey of more than 2,000 found 20 per cent had already introduced ‘remote tracking’ or were considering bringing it in.

But a Sheffield data protection specialist warns they must have a good reason to do it and inform workers when it is being used – or they could be breaking the law.

The findings, in a poll by digital learning provider Skillcast, come during Lockdown 3 when many businesses are again operating with staff at home.

Data protection expert David Sant, from Harper James Solicitors in Sheffield, warned companies must make sure workers were made aware of any software being used.

He said: “It’s not just a case of installing the monitoring software and cracking on with it.

“They need to consider the risks, document their decisions and inform their employees. Above all, the employer must have a clear statement of the purpose of the monitoring. If there is a good reason for wanting to monitor employees, then there will probably be a way to do it legally.

“By following the proper processes, such as carrying out a data protection impact assessment, the employer will actually reduce the risk of grievances from employees.

“Employers should be mindful here of any employee’s right to privacy under the Human Rights Act and the employer’s implied contractual duty of trust and confidence.

“Therefore, it is strongly advisable for employers to be transparent about any monitoring. As part of this employers should provide staff with an electronic communications policy to set out appropriate standards and to explain what monitoring will take place as well as the reasons why the monitoring is necessary.”

Skillcast polled 2007 firms via YouGov between October and November.

The survey also revealed 35 per cent of firms plan to improve the workstations of remote working staff in 2021 - indicating many are in it for the long-haul.

Vivek Dodd, CEO of SkillCast, said: "While we've found that corporate decision makers are comfortable with their staff working remotely, they're also making adjustments for improving employee support and compliance for the long haul.”

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