In this second blog in our five part series on surveillance in healthcare, we explore what staff need to know about monitoring and how these principles translate into everyday practice.
In the modern healthcare environment, monitoring and surveillance are commonplace. Whether it is CCTV in hospital corridors, digital tracking of access to controlled drug cabinets or the monitoring of staff communications for compliance and safety, these practices are often necessary to protect patients, staff, and organisational assets.
However, it is crucial to recognise that healthcare professionals retain robust rights in relation to workplace monitoring. Employers must ensure that these rights are respected, not only to comply with the law but also to maintain trust, morale, and the integrity of the healthcare organisation.
One of the fundamental rights for employees is the right to be informed about monitoring activities. Transparency is a cornerstone of data protection law, and staff must be made aware of what monitoring is taking place, the reasons for it, and how the data collected will be used. This requirement goes far beyond simply putting up a sign or including a clause in an employment contract. Healthcare organisations must provide clear, accessible, and meaningful information about monitoring activities, including specifying the scope and purpose of surveillance, the safeguards in place to protect staff interests, and the procedures for raising concerns or exercising rights.
Ongoing communication is essential, especially when new monitoring technologies or practices are introduced.
It is equally important that any monitoring carried out by healthcare employers is justified, proportionate, and subject to regular review. Surveillance should never be a default measure; it must be based on a clear business need and implemented with appropriate safeguards. The scope of monitoring should be limited to what is strictly necessary for operational or safety reasons, and organisations should avoid combining multiple forms of monitoring unless absolutely essential. Regular reviews ensure that monitoring remains appropriate and does not become excessive or intrusive over time.
Employees have the right to access their personal data that is collected through workplace monitoring. Under the UK General Data Protection Regulation, staff can request confirmation of whether their data is being processed, and if so, obtain access to that data. In addition to access, employees have the right to request rectification of inaccurate data, object to certain types of processing, and, in some circumstances, request erasure of their data.
Covert monitoring - where staff are unaware that surveillance is taking place – should be rare. It may be appropriate in extreme circumstances, such as when there is a strong suspicion of serious misconduct or criminal activity. Even then, covert monitoring must be tightly limited in scope and duration and authorised at a senior level. Routine or indiscriminate covert surveillance is rarely justifiable and could be unlawful.
By providing clear information, ensuring staff know how to exercise their rights, and limiting monitoring to what is strictly necessary, healthcare leaders can foster a culture of openness and respect. Doing so will, in turn, support a positive working environment and help ensure that surveillance practices genuinely contribute to the safety and wellbeing of both staff and patients.
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