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You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.Extract from article by Scott Thiel, Julia Gorham, Anita Lam, and Nicholas Boyle
In considering whether and how to use wearable technologies with their employees, organisations must have regard to the requirements of the applicable data privacy rules and employment laws dealing with employees’ rights and consent, as well as potentially broader concepts of right to a private life in some jurisdictions. These legal and governance issues impact the design and implementation of any wearable technology rollout or specific corporate wellness / fitness tracking programme.
From a data privacy perspective, whether or not employers will require consent to collect, use or disclose their employees’ personal data will depend on the local data privacy regime and the nature of the personal data. In some jurisdictions, employers do not require employee’s consent where the collection, use or disclosure of employees’ personal data is reasonable for the purpose of managing the employment relationship, although it may be necessary to notify employees of the purposes for which personal data will be collected, used and disclosed in connection with the management of the employment relationship. Some commentators argue that monitoring and managing employees’ performance, health and well-being at work falls within the scope of ‘managing the employment relationship’.
Read the complete article at Wearables at work: Data privacy and employment law implications