Insights Information Commissioner’s Office issues Call for Views on data protection and employment practices


The ICO is looking to update its Employment Practices guidance to reflect new ways of working that have developed in recent times due to, e.g., the use of AI and the COVID-19 pandemic. Accordingly, it has launched a Call for Views to help the ICO create practical employment guidance where personal data is used that supports both employers and staff.

In an accompanying blog post, Anulka Clarke, ICO Acting Director of Regulatory Assurance, says that in order for the guidance to be pragmatic, it must address key issues, concerns and problems so that the final guidance is as practically applicable to real life situations as possible. Accordingly, the ICO is asking for anyone who has an interest in UK employment practices to send in their views and opinions.

The ICO is inviting responses to its survey from large and small businesses, workers, trades unions, professional and trade bodies.

Ms Clarke says that the ICO’s existing Employment Code has been invaluable in helping employers to comply with data protection law. While its core messages are still useful, the ICO is updating its guidance to incorporate new ways of working in line with current legislation.

In replacing the Code, the ICO plans to produce easily accessible online resources. The employment practices and data protection guidance will cover topics including recruitment and selection, employment records, monitoring of workers, and information about workers’ health. The ICO intends to add to this evolving resource over time. To read the blog post in full and for a link to the survey, click here.