Code of practice for Surveillance Act

Draft guidance on how to comply with the much publicised Regulation of Investigatory Powers Act 2000 (RIP) has been published this week by the Home Office. The Act, which came into force on 25 September, is mainly concerned with law enforcement but has implications for any sort of surveillance in the workplace.

Under the Act, the interception of communications being made through a public telecommunications system is forbidden without the permission of both caller and receiver. Employers should not consider monitoring workplace phonecalls unless there is a very good reason - for example, detection of a specific crime. Even then, legal advice should be sought. Until the implications of the new Human Rights Act become clear, employers should avoid any potential infringements of the personal liberty of employees.
This document is for general guidance and research purposes only, and does not purport to give professional advice. Please check the date at the top of the article; the Workplace Law Network retains historic articles for general research.