Privacy and data protection during the Coronavirus pandemic

There are many upsides to the use of technology during the Coronavirus lockdown, but there is also a less positive side, with potential long-term implications for data protection and privacy and equality rights.

The use of Apps to monitor social distancing at work has obvious privacy implications. The same is true of electronic monitoring tools used by employers to manage the productivity of their workforce from home, for example, remote logging of keystrokes or websites visited. The privacy and data protection principles summarised in this Chapter apply equally here. It is also worth remembering that under Article 22, GDPR, workers have the right not to be subject to a decision that has significant negative consequences for them, based solely on a decision by an algorithm, with no human intervention. This kind of monitoring can also produce discriminatory outcomes.

A recognised union should be consulted and should aim to agree clear parameters for the use of all forms of monitoring technology, recognising that home-working and social distancing may be features of work for some time.

Regarding workers' own security and confidentiality duties, the ICO has released useful new guidance, Ten top tips for working from home securely, available from its website.