ILO Code of Practice on the Protection of Workers' Personal Data 1997

Where workers' representatives exist, and in line with national law and practice, inform and consult them before electronic surveillance of how workers act at work is brought in.

Before any monitoring starts, workers should learn why it is done, when it runs, how it works (methods and techniques) and which data it gathers, and the employer must keep the intrusion on workers' privacy as small as possible.

Workers and their representatives should be told about every data collection process, the rules governing it and their rights.

Covert monitoring should be allowed only where national law permits it or where there are reasonable grounds to suspect a crime or other grave misconduct.

Monitoring that never stops should be allowed only where it is needed for workplace health and safety or to protect property.

Output from electronic surveillance should never be the sole input when a worker's performance is judged.

Keep personal data only as long as the specific purposes of collection justify, unless a worker asks to stay on a candidate list for a set period, national law requires retention, or the employer or worker needs the data for legal proceedings about an existing or former employment relationship.

5.1 Lawful, fair and employment-related processing. Handle workers' data lawfully and fairly, and solely for reasons that bear directly on the person's job.

Employers should not collect data on a worker's sex life, political, religious or other beliefs, or criminal convictions, except in rare cases where national law permits it and the information bears directly on a decision about the job.

Employers should not collect data on a worker's membership of a workers' organization or trade union activities unless the law or a collective agreement requires or permits it.