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Monitoring at work: what UK employers can and cannot do

Guides4 min read18 October 2026

By · Published

What UK employers are allowed to monitor at work under data protection law: emails, internet use, CCTV, keystrokes, location and home workers, what they must tell you, and your rights if monitoring goes too far.

Employers can monitor workers, but only within limits set mainly by UK data protection law (UK GDPR and the Data Protection Act 2018), the Human Rights Act for public bodies, and employment law. The Information Commissioner's Office (ICO) has published detailed guidance for employers on monitoring workers. This guide explains the key points for employees.

The basic principle

Monitoring must be lawful, fair, transparent, and necessary and proportionate for a legitimate purpose. An employer must be able to justify why it monitors, and choose the least intrusive way to achieve its aim.

What employers commonly monitor?

What employers must tell you?

Workers should normally be told:

This is usually in a monitoring policy or privacy notice. Covert monitoring is only justified in exceptional circumstances, such as suspected criminal activity, and must be limited and time-bound.

Impact assessments

The ICO expects employers to carry out a data protection impact assessment (DPIA) before introducing monitoring likely to be high risk, such as keystroke logging, webcam monitoring or biometric systems. Employers should consider less intrusive alternatives and consult workers where appropriate.

Areas needing particular care

How long data can be kept?

Monitoring data should be kept only as long as needed for its purpose. CCTV footage, for example, is often overwritten after a set number of days unless needed for an investigation. The employer's retention policy should say.

Monitoring and trust

The ICO notes that excessive monitoring can damage trust and wellbeing. Employers are encouraged to be open, involve staff and unions, and review monitoring regularly to check it's still needed.

Your rights

What to do if you're concerned?

  1. Read the monitoring policy and privacy notice.
  2. Ask HR or the data protection officer to explain what's monitored and why.
  3. Raise concerns through a union rep or a formal grievance.
  4. Make a subject access request if you want to see the data.
  5. Complain to the ICO if your concerns aren't resolved.

Acas offers free advice on workplace issues, including grievances.

Frequently asked questions

Can my employer read my work emails?

Usually yes, for legitimate reasons and if you've been told. Avoid using work email for private matters.

Can I be disciplined using monitoring evidence?

Possibly, if the monitoring was lawful and proportionate and the process is fair.

Sources and further reading

Facts checked on 20 October 2026. Spotted an error? Tell us and we will correct it.

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