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Miller Samuel Hill Brown Solicitors Blog

From time to time we will post news articles and announcements relating to the firm and to various legal issues that may be of interest to you.

Data Protection and Employee Monitoring: what are the risks?

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Developments in technology have resulted in an increase in available programs and software which employers can use to electronically monitor the activities of their employees. It is not uncommon to have trackers in company vehicles for legitimate purposes such as in order to protect employees who are lone working while driving or have a record in case of road accidents. However, software can also allow for monitoring of employees using computers, and with the rise this year of working at home it can be tempting for employers to want to keep a close eye on employees working remotely – but it is legal for them to do so and what are the risks involved?

Hospitality: Collecting Customer Details

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As the Scottish Government eases some of the lockdown restrictions, businesses in the hospitality sector have been able to open outdoor areas, such as beer gardens, from the 6th July 2020 and indoor areas from 15th July. As part of the re-opening the government has indicated that establishments should obtain contact details for customers so that they can be contacted as part of Track and Trace efforts in the event of a coronavirus outbreak which can be linked to the premises.

Data Protection: Employer not vicariously liable for data breach by rogue employee

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We previously wrote a blog looking at a court decision in WM Morrisons Supermarkets plc v Various Claimants, which found that Morrisons were liable to pay compensation for breaches of data protection caused by a ‘rogue’ employee with a grudge. The Supreme Court has now overturned that decision, which is good news for employers as vicarious liability for data breaches is potentially a significant cost.

Christmas in doubt…

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Children everywhere are devastated this year after discovering Santa Claus is to be investigated by the ICO for being in breach of the GDPR. An anonymous complaint noted Mr Claus has been making a list of children’s names and addresses and ‘checking it twice’. He had also expressed an intention to find out who had been ‘naughty and nice’.