Employee Surveillance and the Law

Transcription

1 One day conference Employee Surveillance and the Law Understanding the challenges posed by surveillance and monitoring in the workplace Supported by 4 November 2015 Central London Book online at

2 About the Conference Employee surveillance and monitoring is a complex and controversial area of law in which the line between what is deemed as proportionate and unacceptable can often seem blurred. With advances in technology and its increasing affordability, employers are now able to monitor and track the work and movements of their workforces in ways which were previously unavailable to them. Aside from simply enabling employers to monitor the competence of their workforce and in some scenarios, ensure their safety and wellbeing, surveillance and monitoring technology can go much further in protecting business interests and in extreme cases, revealing illegal or criminal activity taking place within the organisation. As organisations start leveraging the marketing benefits of social media, the number of workers being sacked over social media posts is rising. Many employers are simply ill prepared for the pitfalls which lie in wait as a result of their employees online behaviour. This can expose an organisation to the legal risks associated with defamation and confidentiality breaches aswell as the potential to leak confidential company information. Many organisations now have in place systemic workforce monitoring systems which can provide detailed data for monitoring audio and electronic c o m - munications and activity. GPS trackers are now widely used on staff devices and company vehicles. CCTV surveillance can now be accessed via a smartphone and body worn video cameras in ID tags are increasingly being adopted and made mandatory by organisations as a way of safeguarding mobile staff. Health surveillance along with drug and alcohol screening and testing are also providing employers with sensitive personal and medical data on employees. Who should attend? Anyone interested in the subject of employee monitoring and surveillance including; HR, security and risk professionals data privacy and information security managers general and corporate counsel company secretaries and heads of legal departments small business owners/directors. the workplace are legally robust

3 However, as the sophistication of surveillance technology has evolved, so too have the risks associated with using it. Companies can face lawsuits and hefty fines if they do not fully understand and comply with the restrictions imposed by data protection, human rights and privacy laws. The same technologies which are producing detailed and sensitive employee data can leave employers in hot water in they do not have adequate policies in place to ensure the secure access and storage of such information. New laws may pose significant problems for employers in the event of a security breach involving personal information if they do not notify those concerned within a required period. On top of this, growing evidence indicates that extensive use of monitoring and surveillance within the workforce can distress the employee relationship, damaging trust and confidence. Benefits of attending Pinpoint the risks posed to your business from inappropriate use of social media Understand the challenges posed by surveillance and monitoring in the workplace Learn about the methods used for monitoring and surveillance in the workplace and how to lawfully incorporate these into your own procedures Feel confident that your internal procedures for handling personal data in the workplace are legally robust Gain insight into the repercussions of failing to comply with laws governing this area Question expert speakers on your key areas of concern and interest Employee Surveillance and the Law will explore the technologies which are now being used to safeguard and monitor employees both within the workplace and when travelling. The programme will examine the key pieces of legislation which protect the privacy and human rights of the employee and will discuss how employers can strike the right balance between legally safeguarding their business interests and keeping employees onside by educating and empowering them. Interested in speaking and sponsorship opportunities? Conferences can act as a valuable promotional platform in today s economy, creating micro marketplaces where delegates can meet, make new contacts and do business. For more information about the event, speaking and sponsorship opportunities contact Caroline Fuller on caroline@quaynote.com tel +44 (0)

4 Employee Surveillance and the law Programme (subject to change) November 2015 Fr21st Refreshments, registration and exhibition Conference organiser`s opening remarks Welcome from the Chair Session One: Computers, devices and social media Introduction to workplace monitoring and surveillance A look at how and why workplace monitoring and surveillance has evolved in recent years What is a workplace monitoring system and are they permissible by law? Tracking an employee s digital footprint Internet and surveillance Recognising excessive personal use of company internet and When can an employer legally monitor an employee s use of internet, and phone? Information Commissioners Office (ICO) guidelines Implementing your IT internet and policy Social media Defining what is acceptable use for your business Raising awareness of what constitutes inappropriate behaviour? Challenges around imposing contractual obligations on employees concerning social media Spotting problems and removing damaging information - how can employers capture evidence of inappropriate use? What should be included in a social media policy and should an employer keep records of its use? Consulting employee representatives Kevin Poulter, Legal Director, Bircham Dyson Bell LLP Questions Refreshment Break

5 Employee Surveillance and the law Programme (subject to change) November 2015 Fr21st Session Two: Understanding relevant laws and regulations The Laws Which laws come into effect? Laws governing the use, storage and access of personal data Leaked data and security breaches How do privacy laws differ elsewhere in the world and how might this impact managing overseas offices? Ruth Boardman, Partner, Bird & Bird The proposed EU Data Protection Regulation and its significant impact on employee surveillance Update on the status and timelines of the proposed Regulation and its impact on employers How will employee surveillance be impacted by the proposed Regulation? What steps can employers take now to help achieve compliance with the Regulation once it is adopted? William Long, Partner, Sidley Austin LLP PANEL SESSION Tracking technology and privacy laws Safety v Privacy Issues - what should companies be aware of when using traveller tracking technology and where do the privacy boundaries lie? Itineries for free time on business trips - safeguarding employee or intrusion? Interpreting Laws Can employee monitoring data be used as forensic evidence in court? Recent cases from Employee Appeal Tribunals - what is the law favouring? Implications of the Perry V Imperial College Healthcare NHS Trust ruling Investigating former employees who have set up in competition Surveillance by the employee - to what extent can employees secretly record disciplinary and grievance proceedings? Nick Graham, Partner, Dentons Questions Lunch

6 Employee Surveillance and the law Programme (subject to change) November 2015 Fr21st Session Three: Surveillance CCTV, camera and vehicle surveillance systems How have camera surveillance systems evolved in recent years and what is the capability of the latest technology? Installing tracking devices in company vehicles Challenges around using forward and internal facing CCTV in company vehicles Privacy impact assessments What is a privacy impact assessment? Defining purpose and benefits Possible adverse consequences Monitoring alternatives Can monitoring be justified? David Wright, Managing Partner, Trilateral Research Covert Surveillance and recordings Understanding proportionate and disproportionate targeted monitoring Who should authorise covert monitoring and on what grounds? Recap of the key laws and regulations governing this area Intercepting unaccessed communications - considerations for RIPA and LBP regulations Using private investigators - obligations under the DPA Submitting video surveillance evidence Using covert surveillance on malingering employees - lessons learned from recent case law Drug and alcohol testing How is the Human Rights Act and employee privacy concerns balanced with the safety and deterrence benefits of random drug and alcohol testing? Do workplace accidents and near misses constitute grounds for mandatory drug and alcohol testing? What are the legal implications of failing to effectively implement an existing drug and alcohol policy? Questions Refreshment Break

7 Employee Surveillance and the law Programme (subject to change) November 2015 Fr21st Session Four: Learning from monitoring and surveillance scenarios This session will explore a range of scenarios focusing on the surveillance and monitoring of employees within the workplace. Whilst fictitious in nature, the scenarios have been devised to highlight the complexities of the law governing this area. A panel of experts will discuss and debate potential legal, disciplinary and unintended consequences which might arise from each incident. The audience will be invited to participate with questions. Scenario One - Over stepping the mark on social media Scenario Two - The disgruntled former employee Scenario Three - Breach of personal information Scenario Four - Covert surveillance on a malingering employee Nick Graham, Partner, Dentons Chair s closing remarks Close of conference

8 Registration form Employee Surveillance and the Law Complete all relevant sections of this form and either: Or register online at Title Name Position Organisation Address Tel Fax Additional requirements - please describe them here Delegate fees o Standard rate : VAT = 420 o Public sector rate: VAT = 342 Fees include access to full event, available conference papers, lunch and refreshments. How to pay o Invoice Please send an invoice to o Cheque I enclose a cheque made payable to Quaynote Communications o Credit card Please debit from my AMEX/Eurocard/Delta/Mastercard/Switch/Visa Card No Expiry Date Switch Issue No Signature- Terms and conditions This booking form constitutes a legally binding agreement. Payment must be paid in full prior to the event. Cancellations must be confirmed in writing one month before the day of the conference and will be refunded minus an administration fee of 100 GBP. We regret that no refund can be made after that date for whatever reason. Substitutions will be accepted if notified in writing prior to the event. Database protection The personal information that you provide will be held on a database by Quaynote Communications Ltd. If you do not want to receive information about other products from Quaynote please write to database manager, 30 Fairfield Road, London, N8 9HG. UK. For further information caroline@quaynote.com or telephone +44 (0)