Public Statement - November 2023

The Jersey Data Protection Authority has issued a Public Statement in respect of an Inquiry against Brenwal Limited.

This case involved the tracking of an employee during working hours, where the employee was unaware that such surveillance was taking place.

The Authority has included within the Public Statement, a section regarding Lessons Learned, which it hopes will be of benefit to the business community as a whole. A summary is as follows: 

1 - Staff monitoring must be justified and lawful. It must be reasonable, proportionate and not excessive.
2 - Secret surveillance is only justifiable in limited circumstances and should be limited to the time necessary to collect the information needed. A risk assessment should be carried out before any surveillance takes place.
3 - For non-secret surveillance, employers need to tell their staff that they are subject to surveillance and what the information could be used for.

You can read the Public Statement here on our website.