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Employers will more commonly be seeking to rely on the processing being necessary for a legitimate interest as the legal basis.Where the employer relies on legitimate interest, the processing must also be proportionate and should be carried out in the least intrusive manner possible.

The health data should only be accessible by the employee.

ICT usage outside the workplace has become more common with the growth of home and remote working and ‘bring your own device’ (BYOD) policies.

These technologies can pose a risk to employees’ private lives as workplace monitoring extends into the domestic sphere.

If it is possible to block websites rather than continuously monitoring communications, blocking should be chosen.

Prevention should be given more weight that detection – it is in the employer’s interest to prevent internet misuse rather than detecting it.

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The information requirements under the GDPR will be more detailed and specific.