There are various laws in the United Kingdom that affect your entitlement to privacy in the workplace. This article gives a brief summary of the most important ones. More detailed discussion about these laws is available elsewhere on this website.
Human Rights
The European Convention on Human Rights was drawn up to defend the fundamental liberties of the population of Europe. There is specific provision regarding the right to respect for privacy, which is given in Article 8.
In the United Kingdom, this has been brought into law by the Human Rights Act 1998. If you feel that your right to privacy has been infringed at work, and your employer does not or cannot rectify the situation, then you may have a right to make a legal claim under this legislation.
Data Protection
The Data Protection Act 1998 is a law designed to control how organisations use details about living people. It is overseen by the Information Commissioner’s Office (ICO), who supply useful guidance that businesses can use to ensure their policies comply with the law.
This legislation puts in place responsibilities relating to the collection, storage, processing and disposal of personal details, as well as allowing access to the subjects about whom particulars are held.
Freedom of Information
The Freedom of Information Act 2000 allows people or companies to access facts about public bodies.
This law should only be of concern if you have given your details to a public authority – either directly or as a result of records passed on by a third party – which is then disclosed in a response to a request under the Act. Note that this should not happen because the public authority has a duty to safeguard your private credentials under the Data Protection Act, but this legislation does make an accident of this type more likely.
Health and Safety
The Management of Health and Safety at Work Regulations 1992 demand that employers conduct formal risk assessments relating to the safety of the employees in their charge. There may be concerns when these assessments require the collection of personal records from an employee, such as a test to detect drug or alcohol use.
Employees in the transportation industries are subject to specific laws relating to intoxicating substances: The Transport and Works Act 1992 and the Railway and Transport Safety Act 2003, which builds upon it.
A Summary of the Law
The Human Rights Act is important because it establishes that a private life is a fundamental human right that must be defended. It states your right to privacy both from other individuals and from public bodies.
The Data Protection Act makes specific provisions for ensuring that organisations handle your personal details with respect, and gives you the ability to view and correct them if you choose.
Freedom of information is important only in that it makes it more likely that personal details about you could accidentally be leaked.
Finally, there are various laws relating to health and safety that could compromise the confidentiality of your private actions, particularly regarding employers’ entitlement to administer tests for the presence of alcohol or other intoxicating substances.
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Hey, I just found out an ex friend of mine went into my old workplace multiple times and asked staff for the reason I wasn't working there anymore just because he didn't like the fact I didn't tell him all the details. I feel as though he has majorly over stepped the mark there in regards to my privacy and I wondered if I could do anything about it?
Heather - 3-Nov-20 @ 8:26 AM
Hi, my manager wants me to send my customers a video of myself to my customers, who I may have not met yet. I don't feel comfortable doing this as I feel its open to abuse. I have all my social media settings on maximum privacy as I have had customers try to add me in the past. Am I in my right to refuse to send a video? (it's basically to tell them who I am and that as a reminder for their appointment the next day)
Kez - 9-Sep-20 @ 7:02 AM
I have had a colleague who inundated me with texts about work and complaining about other colleagues. She was recently in trouble and chose to reveal a few texts to our boss to say I was manipulating her. These are totally out of context from the real chain of texts. Can somebody release these without my permission
Jb - 20-Nov-19 @ 9:00 PM
Hi, I run a small company for a family member. There are other businesses owned as part of the collective group The office manager and his wife who works from the office occasionally have rifled through a file on my desk and left me a note about it using GDPR as the reason. Am I right in thinking that this is an invasion of privacy and how does GDPR apply?
Doc Bones - 28-Aug-19 @ 7:55 AM
Recently my manager has raised an issue that she believes I have been 'bad mouthing' her whilst on the way to a meeting with a colleague in a company vehicle. She said to investigate, she is going to download the audio from a dashcam? Surely this is a breach of privacy? I haven't signed up to any form of censorship or monitoring policy!
MarkJacobs - 4-May-19 @ 1:43 AM
at previous work I was involved in a case with a friend and I was caught when I tried to steal something....I really sorry about that which make a leson for life for me... now I found another job and that security gay come and work also to this job and he told to manager that what happened on previous work... and I lose my work an I really try to do a good job and trying to be right
valiusha - 20-Mar-19 @ 2:33 PM
I have sent an email to my manager at work saying that I cannot come at work for 2 days, he didn’t reply back to me, but he sent the email to the HR , my manager has disclosed my email with my team laughing about my request, now all my team is looking bad to me! What I can do? Can I speak with the hr saying that he disclosed my confidential email in front of the team?
Thank you
Roxi - 15-Mar-19 @ 12:46 PM
I received another employees invitation to grievance hearing, stating all facts about grievance along with my own ...
I work I healthcare
How can I report this company as it's a terrible breach of confidentiality and I'm left wondering who else has recieved a copy of mine !
Dizzy - 8-Feb-19 @ 5:50 PM
I have been logged onto my computer at work, left my desk and a colleague has gone to my computer and snooped through my personal Skype conversation history with another colleague.She is now claiming that I have been saying inappropriate things about other colleagues.I have printed off the conversation history and passed it to a manager who agrees there is nothing to substantiate her claims, she is unaware of this.This may sound like a petty situation but the colleague is now spreading rumours against me and actually verbally attacked me on 31/01/19 in front of others.Are there any rules/laws about someone snooping into personal conversations between 2 colleagues?
Nadine - 2-Feb-19 @ 10:46 AM
I work for a benefit agency for the DWP but I will be claiming this benefit myself in due time. I have been told that my case will not be treated as sensitive so any one of my colleagues will be able to view all my personal details, is this legal with regards to confidentiality?
D - 5-Oct-18 @ 2:51 PM
A colleague of mine recently had a very serious mental health breakdown (attempted suicide) one of his managers contacted another employee and told them all the details of the incident without permission or authority from anyone, where does my friend stand, huge breach of confidentiality I believe.
Friend - 4-Oct-18 @ 10:11 AM
A friend has just told her supervisor that she's expecting, her supervisor has now told all the guys that she's working with on site and now the whole company knows, is there any action she can take because of this?
JJ - 23-Aug-18 @ 12:38 PM
My old employer has sent out my p45 and wage slip to another ex employee, he has received not only mind but 3 other individuals as well! I have spoken with the ICO who have advised me to contact HR with a letter of formal grievance. But I want to take this further, I want legal action against them for abusing my human rights by breaching my confidentiality. What can I do?
JR - 20-Aug-18 @ 9:46 AM
MM - Your Question:
Hi I have been offered a new job by a company. I spoke to my current manager about this. It transpires that this information is now common knowledge areound the office and even employees from the new company know that I have been made an offer due to the leak of info from my current employer. What are my rights?
Our Response:
Your only recourse would be to raise a grievance, please see link here if you feel you have been treated unfairly.
EmployeePrivacyRights - 28-Jun-18 @ 3:23 PM
Hi
I have been offered a new job by a company. I spoke to my current manager about this.
It transpires that this information is now common knowledge areound the office and even employees from the new company know that I have been made an offer due to the leak of info from my current employer. What are my rights?
MM - 26-Jun-18 @ 10:28 PM
Cameras at work are watched all the time.... we are a small shop
And now microphones listening to everything we say.... it’s like being in the big brother house
Is this allowed ?
Liz - 17-May-18 @ 8:32 AM
Susannah - Your Question:
My husband was ‘compromised’ out of his job after 18 years with his company. He had no warning and on the day that he left the HR manager emailed every one of his staff, customers and clients to tell them that he had been “put on gardening leave” and that “no one should speak to him for legal reasons”. It turns out that this did not actually have any legal basis and that through this act he was prevented from communications about the true reasons for the true reasons termination his employment (restructuring) until after he had agreed a settlement. It has destroyed his reputation in the specialist industry he works in and also in the small local community where we live. What can we do?
Our Response:
Your husband can make a claim to an employment tribunal if he feels he has been treated unlwafully, please see link here . In this case, he would be advised to speak to Acas first in order to fully explore his rights.
EmployeePrivacyRights - 15-May-18 @ 2:22 PM
My husband was ‘compromised’ out of his job after 18 years with his company. He had no warning and on the day that he left the HR manager emailed every one of his staff, customers and clients to tell them that he had been “put on gardening leave” and that “no one should speak to him for legal reasons”. It turns out that this did not actually have any legal basis and that through this act he was prevented from communications about the true reasons for the true reasons termination his employment (restructuring) until after he had agreed a settlement. It has destroyed his reputation in the specialist industry he works in and also in the small local community where we live. What can we do?
Susannah - 14-May-18 @ 11:54 PM
Hi, I was due to receive a warning due to an accident, the details of the meeting was issued on a generic email, I was last to know is this a breach of the confidentiality act.
Bill - 24-Mar-18 @ 8:32 PM
Hi at my current job the cheif executive and security manager sit and watch the staff live and played back on cctv, whilst i understand they do this for security purposes can they do things for instance the amount of time certain employees are standing around doung nothing and then use that as evidence and grounds for a disaplinary? Surely people are allowed to stand around for breif periods of time, after all did they see what the person was doing prior to stopping maybe they'd been doing a physically tiring job and needed a breather. Is this a gross miss use of cctv and power that leads to and infringement of their right to some degree of personal privacy at work?
Loz - 21-Mar-18 @ 6:14 PM
dave5416 - Your Question:
Can I claim abuse of my human right to privacy if my employer insists I share a hotel room with a co worker.? Im in mid 50’s and dont ferl comfortable with this un written policy. It was never brought up at interview that this practice is company policy when working on a particular account. I am on medication which has embarrassing side effects on want my right to privacy respected.
Our Response:
You would have to speak to your employer directly regarding this matter and try to resolve it informally. Discussing the matter and the reasons why you do not wish to share a room should help. If you are not satisfied with the outcome, then please see the CAB link here for further information.
EmployeePrivacyRights - 16-Mar-18 @ 9:23 AM
Can I claim abuse of my human right to privacy if my employer insists I share a hotel room with a co worker.? Im in mid 50’s and dont ferl comfortable with this un written policy. It was never brought up at interview that this practice is company policy when working on a particular account. I am on medication which has embarrassing side effects on want my right to privacy respected.
dave5416 - 15-Mar-18 @ 5:16 PM
@Jules - it depends on what the reason your employer gave it to the DVLA was i.e if you have a company car, then the DVLA will want to know who is driving it.
ErinBV - 26-Jan-18 @ 10:47 AM
I believe that my employer gave my name and address to the DVLA without my authority, is this legal?
Jules - 25-Jan-18 @ 10:23 AM
A few weeks ago I emailed my HR Advisor to ask how I go about requesting a pay rise, in that email I merely stated a brief overview of why I was wanting one, saying I was over worked and and not paid enough for what I do.
Today I had a meeting to discuss this. I have not discussed this issue with anyone, I merely emailed them asking for some guidance.
I feel they havebreached my right to privacy and abused their position of trust. What can I do?
J man - 10-Nov-17 @ 4:58 PM
I work for a local council, im front of house, so ideal with the public everyday in person. When a customer gets angry they always ask for a name. (thats fine) but do they need to know our surname. First name i dont mind giving out, but i dont feel comfortable giving out my surname. Ive heard stories of people giving out their surname and next thing, they are being harrassed on social media or followed home etc. If people as for a surname is it a legal requirment for us to give it.
Nicole - 25-Oct-17 @ 1:59 PM
Kellie - Your Question:
I have just found out my manager is spreading rumours at my work about me. like telling customers that I am off poorly as im a drunk and much worse things. Its not first time either. My big big boss is not approachable either cause the nasty boss denies it everytime ??
Our Response:
If you’re a worker and you’ve tried solving a problem or concern informally by talking to your manager but you’re not satisfied, you can make a formal grievance complaint in writing, please see link here.
EmployeePrivacyRights - 16-Oct-17 @ 2:15 PM
I have just found out my manager is spreading rumours at my work about me.... like telling customers that i am off poorly as im a drunk and much worse things. Its not first time either. My big big boss is not approachable either cause the nasty boss denies it everytime ??
Kellie - 15-Oct-17 @ 4:16 PM
I've been working for two years with this company and I had some family problems at the time so I had time off I sorted them out and came back to work. For almost a year I've had two people interfere in my personal life and now they have gone to far I'm suspended from work till my hearing on a certain date but my point is the two people in the room was me the manger and deputy manager I've had messages from other colleagues asking me why I've been suspended when I was told it was private and confidential can someone help
???? - 2-Aug-17 @ 10:55 PM
Can my employer put driver facing cameras in my lorry as i live in all week. Its not just a place of work its my home for the week.