The ILO Code of Practice for the protection of workers’ personal data 


In 1996, the International Labour Organisation (ILO) adopted a Code of Practice for the protection of workers’ personal data. Like all ILO Codes of Practice, it is non-binding and does not replace national or international laws and regulations, but it is intended to provide practical guidance on best practice for use in the development of legislation, policies and collective agreements. Much of the ILO Code is now reflected in the core data protection principles (see page 60). 


The permissible purposes of workplace monitoring, according to the ILO Code, are as follows:


• to comply with the law;


• to assist in selection, training and promotion;


• to ensure personal safety;


• to ensure personal security;


• quality control;


• customer service; and


• protection of property. 


The Code (paragraph 5) emphasises that:


• personal data collected to ensure the security and functioning of automated systems should not be used to control the behaviour of workers;


• decisions about a worker must not be based solely on the automated processing of that worker’s personal data; and


• personal data collected by electronic monitoring should not be the only factor in evaluating worker performance.


On a collective level, the Code says that:


• all collective negotiations affecting the processing of workers’ personal data should be guided by the principles of the Code; and


• workers’ representatives should be informed and consulted:


• about the introduction or modification of automated systems intended to process personal data;


• before introducing any electronic monitoring of workers’ behaviour in the workplace; and


• about the purpose, content and manner of administering and interpreting questionnaires and tests regarding workers’ personal data. 


The full text of the Code can be downloaded from the ILO website (www.ilo.org/safework/info/standards-and-instruments/codes/WCMS_107797/lang--en/index.htm).