Software with a hard edge

Citation

Pitt, M. (2009), "Software with a hard edge", Human Resource Management International Digest, Vol. 17 No. 4. https://doi.org/10.1108/hrmid.2009.04417dab.001

Software with a hard edge

Article Type: Employment law outlook From: Human Resource Management International Digest, Volume 17, Issue 4

Imagine the scene. You fire up your computer first thing in the morning and in place of your normal desktop you have a message telling you to report to the boss immediately.

He or she informs you that yesterday your body temperature, blood pressure and heart rate were a bit high. You did less work and made more mistakes than usual. That could have been because you had picked up a virus – or perhaps it was because you were trying to cover up that you spent an hour of work time booking your summer holiday on the web.

This is not so fanciful as it seems. The technology to monitor all these things currently exists. And now Microsoft has filed a patent application for a system that links workers to their computers through wireless sensors that measure their metabolism and even their facial expressions.

The system would work not only through desktop or laptop computers, but also through mobile telephones or hand-held personal computers. Workers could therefore be monitored even when out of the office.

Of course, the system could have important benefits for employer and employee alike. Most obviously, the workplace could be made more efficient by ensuring that workers under stress in a particular job are moved to other work or sent help.

But the system could also sour industrial relations by undermining trust between employers and employees.

Similar monitoring technology is already used for workers – such as astronauts and fighter pilots – who must perform under exceptional pressure. But the Microsoft technology would make it into a routine system of management and control in the “normal” office environment.

Because of this, the system would almost certainly be illegal under the Data Protection Act. This legislation lays down that the information must be: used only for specified purposes; adequate, relevant and not excessive; and processed in line with the rights of the individual.

Most obviously, the individual’s right to privacy could be undermined by the new technology.

Closed-circuit television (CCTV) also poses a threat to individual privacy.

Employers install it for various reasons – to deter theft, to record crime, to protect the health and safety of staff and the public, or perhaps even simply to monitor employees.

Camerawatch, a non-profit awareness-raising body, estimates that more than 4.2 million CCTV systems now operate in Britain – 90 percent of them illegally.

Little wonder. A CCTV-law specialist said in the early days that getting to grips with the subject was like “kicking manure up a hill with pointed boots”. Things are a bit simpler now, but can still present a formidable challenge to smaller businesses.

First, companies with CCTV operating on their premises must, under the Data Protection Act, tell the Information Commissioner that they are gathering personal information about the people they are recording, and the reasons they are recording it. They must also put up signs to warn the public that recording is taking place.

The companies must be able to convince the Information Commissioner that the information they gather is fairly and lawfully processed, accurate, not excessive, and kept securely and for no longer than necessary.

This is not a one-off. Companies must maintain their compliance, or face an investigation and, possibly, hefty fines – to say nothing of loss of reputation.

Second, CCTV systems must not infringe the Human Rights Act, which now guarantees individuals a right to privacy.

Finally, businesses that subcontract their CCTV monitoring to a private security firm must be certain that its employees have the relevant Security Industry Authority (SIA) clearance.

Public space surveillance CCTV licence

This means having a Public Space Surveillance CCTV licence if the cameras are used to: monitor the public, whether they are in public areas or on private property; focus on the activities of particular people; look out for particular individuals; or record images to identify individuals or investigate their activities.

Even if the cameras are used only to monitor or identify intruders or protect buildings and vehicles against theft, the sub-contracted employees must have a Security Guarding licence.

The message is clear: it is not only employees and members of the public who need to fear being caught out by CCTV; employers need to watch their step, too.

Mike PittEmployment-law partner at Greater Manchester solicitor Pearson Hinchliffe Commercial Law. He can be contacted by e-mailing michael.pitt@person-hinchlif.co.uk or telephoning +44 (0)161-785 3500.