UK rules on logging staff

Employee monitoring laws UK: event logs and the UK GDPR

Updated

In the UK there is no single monitoring statute; the UK GDPR does the work, and the ICO has written guidance for employers that monitor workers. A log about named people is personal data under both.

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A lawful basis first

Article 6 of the UK GDPR allows processing only on one of its listed bases, among them the person's consent for specific purposes or compliance with a legal obligation the controller is under. Passing a log to a buyer is processing too, so it needs one of those bases.

Source: Process data employee monitoring law

An impact assessment where the risk is high

Where processing that uses new technologies is likely to result in a high risk to people's rights, Article 35 requires the controller to carry out an assessment before the processing starts.

Source: Process data employee monitoring law

What the ICO says

The ICO's monitoring guidance is aimed at employers and covers every relationship where a person performs work for an organisation, whatever the contract, including the gig economy.

Source: Process data employee monitoring law

Can I get paid to record my staff's screens for AI?

None of the twelve buyers on our board asks a firm for screen recordings of its staff, and UK law makes them the hardest thing to sell. What a firm can license instead is the written record of how the work is done.

Source: Who buys workflow traces and operating records

The ICO lists screen captures, webcam captures and keystroke monitoring as device activity monitoring, and says it is likely to capture excessive amounts of workers' personal information. Before any of it, an employer must be clear about the purpose, must identify a lawful basis, and must carry out an impact assessment where the processing is likely to cause high risk; the ICO names keystroke monitoring of workers as an example of high risk processing.

Source: ICO, monitoring workers: methods of monitoring

It also says an employer must inform workers about device monitoring, and that if the aim can be achieved in a less intrusive way, it must be.

Source: ICO, monitoring workers: informing workers about device monitoring

micro1 describes its programme as an operational data partnership using existing business documentation and operational datasets, which is the material a firm already holds without filming anyone. What this site covers next is on why AI companies want to know how your business works.

Source: Who buys workflow traces and operating records

Also on this site

The US state rules are on employee monitoring laws by state.

Tell us about the process data your company holds

Most process-mining vendors leave ownership to the contract you signed. Tell us which tool holds your logs and how the company stands, and a person will reply.

The process data

What is most of the data?

  • A person reads every process data enquiry
  • No mining platform on the board is told you asked
  • We never ask for event logs, exports or staff names in the form

Ask what your process data could be licensed as

Most process-mining vendors leave ownership to the contract you signed. Tell us which tool holds your logs and how the company stands, and a person will reply.

Sources

This site's own datasets, every figure quoted from its source and dated:

  1. Microsoft Power Automate (Product Terms)
  2. Celonis
  3. UiPath
  4. UiPath
  5. Celonis
  6. UiPath
  7. Skan
  8. Celonis
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