If it feels like Big Brother is watching you work, it’s because he probably is. Today’s employee monitoring systems are getting fancier by the day, but are they legal?
The short answer (unfortunately) is yes. However, employees do have rights. Keep reading to find out how far your boss might be allowed to go.
Who’s the boss(ware)?
If you thought spyware was just for hackers, think again. Employers are tapping into a whole new treasure trove of employee monitoring solutions, cleverly nicknamed “bossware.” The use of bossware dramatically increased during the pandemic as workforces moved from their cubicles to their couches.
Bossware programs allow employers to look into phone call history, text messages, emails and what you’re browsing on the internet. The latest and greatest systems enable companies to do much more.
One program called Spyzie tracks your activity and location during your work schedule through your smartphone. Another program called Clever Control keeps track of how long you’re at the keyboard. It also allows your employer to quietly turn on your computer’s camera and microphone and record what you’re up to … oof.
Some states, like California, have taken measures to further ensure employees know when and why their personal data is being collected. However, many of the rules for employee monitoring are still pretty broad.
Big Brother vibes
As employee monitoring tech reaches a whole new level, the question on everyone’s minds is … is all of this legal? To make a long story short, your company does have the legal right to monitor you if you’re using a company device.
In some cases, your employer can also track your personal devices. But they must receive consent from you as an employee to do so. If you’re using your own equipment, an employer can monitor your activity on company-provided programs like Slack, Microsoft Outlook and Teams.
Rule of thumb: If the program or device comes from your company, they have the right to spy away.
Know your rights
Most workplace privacy guidelines come from the Electronic Communications Privacy Act of 1986 (ECPA).
Here are some of the significant points:
- Employers can monitor all employee verbal and written communication, as long as the company can present a legitimate business reason.
- Employers need to monitor within reason. For example, video surveillance is OK in break rooms and entrances but not in bathrooms.
- Employers can monitor web activity on company-owned computers, including browsing history, idle time, and keystrokes.
- Employers are bound by privacy laws. For example, it’s OK to monitor an employee’s computer usage during working hours, but it’s not OK for them to disclose any private information they come across.
- Employers are 100% responsible for protecting sensitive employee information. If a data breach occurs and exposes an employee’s private information, the employer could be subject to litigation.
If you believe your employer crossed the line with how they monitor you, consider getting assistance from The National Workrights Institute or The National Association for Working Women.
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