Gateley : Chip in or out?

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Anybody who has ever forgotten a security pass for work will know how annoying it can be. You will find yourself either waiting by the door for someone to open it, or phoning a colleague with the plea 'help I'm locked out!'. Once you are in, problems continue as there is never a spare pass you can use and you realise that getting to meeting rooms, and even going to the toilet, can be an issue.

If you don't use passes you probably have to enter a secret code to get access to the office? That should work, as long as you can remember what it is and don't make the mistake of getting it confused with the code or password needed to log into the PC, or the passwords needed for accessing the online resources, or the encrypted message attachments. Plus of course you have to hope that it hasn't been changed in the last few days as a security measure and then you have to start trying to remember a new one.

So is there a better way? How can the employer put in place sufficient security measures to keep both staff and data safe, without putting employees to such inconvenience?

The answer may have been revealed in the news story that broke at the weekend regarding alleged plans by some UK employers to microchip employees.

The Guardian reported that one UK based firm had already implanted 150 chips into its staff. The chips, which are injected into the skin between the thumb and forefinger, use radio frequencies and NFC to enable employees to effortlessly gain entry to their employer's secure premises and access controlled PC programmes. They can even allow the employees to start the company car without having to remember to bring their key fob with them.

The Daily Telegraph reports that a number of legal and financial firms are in talks about offering the implants to employees.

The news has not been received well by the TUC which warns that this development may give employers too much power and control over workers, as it could lead to surveillance and excessive monitoring. However, such a concern is misplaced as the chips do not currently have GPS capabilities.

Microchipping employees has taken place in Sweden, where a number of companies are pioneering the employee microchip movement. There are also examples in the US where employees have taken up offers of being implanted with the chip.

Whilst it may sound controversial, there has been no challenge to the legality of introducing this in the UK as yet and if kept to a voluntary basis it is difficult to see what objections could be made. It may have commercial and practical advantages for employers as it could have more benefits than facial, iris or fingerprint recognition and according to the reports, it is a lot cheaper.

If it was made a requirement that employees had to agree to have a chip implanted, there would be a range of legal grounds on which the employer could be challenged - from rights to privacy, and implied terms to potential discrimination.

The big question of course is whether if offered on a voluntary basis employees would agree to it. I suspect that despite all the conveniences, most employees' answers to the question right now would be a resounding no! But maybe attitudes will change if this becomes more commonplace. I certainly would not miss having to carry around a pass or having to type in ever longer passwords into the PC each morning.

This blog post was written by Christopher Davies. For further information, please contact:

Christopher Davies, professional support lawyer, Employment

T: 0161 836 7936

E: [e-mail]