Back in the days of working from the office, employers and managers could monitor your activity fairly easily. They could see what you’ve been up to using tools around the premises, such as CCTV cameras, employee computers, internet connection, your company’s network, or even dropping by your desk once in a while to see how you’re doing.
However, with the coronavirus pandemic forcing more employees to work from home, we have seen a significant rise in companies turning to a remote or hybrid work model permanently. With both remote work and bring your own device (BYOD) policies on the rise, employers had to turn to advanced monitoring devices for computer use that, although installed for a reasonable purpose, could set off alarms in your head.
After all, both remote work and BYOD policies mean you’re starting to mix your personal life and professional life.
While you have the professional responsibility of protecting the company and moving in the company’s best interest, this responsibility shouldn’t make you feel like you lost your right to privacy.
Although there are privacy laws to protect your rights, the Electronic Communications Privacy Act (ECPA) of 1998 actually makes it legal for businesses to monitor their employees’ devices to protect the company’s business interests.
Employee privacy is protected, but employers with a legitimate business reason can still monitor employee devices as long as there is consent and local safe storage for the data gathered.
There are many reasons a company would want to monitor your activities.
- To make sure you’re being productive, even when you’re working from home. There are many distractions working from home.
- To prevent insider threat or anyone sending confidential data through an unsecured network.
- To prevent harassment and bullying, internally and externally, as well as to monitor interactions with customers for customer-facing roles.
Next, to make it legal to monitor your activity, companies need a consent form that once signed, shows that you’re willingly allowing your employer to look into the data on your computer that relates to the company. You might find more information about this in your employee handbook or among some of the onboarding forms you signed. Privacy is one of your basic human rights, so don’t be afraid to ask a Human Resources representative about your company’s monitoring policy.
Last, the files produced from monitoring should be kept confidential, ideally stored within the device or network used to monitor employees.
Companies are required by law to let you know that you’re being monitored. However, these clauses are sometimes hidden beneath many pages of paperwork you receive during the onboarding process. Here’s what’s possible with corporate monitoring so you don’t get caught off guard.
If You’re Connected to a Work Network
Your employer can track your internet usage if you’re using a work network. They monitor this to make sure that you’re being productive at work. After all, they’re not paying you to scroll social media during work hours (unless it’s part of your responsibilities).
Besides firewalls that control both incoming and outgoing traffic, companies often also have a web filter that can block access to specific websites. Not just for work computers, these tools allow employers to monitor all devices connected to the work network, including your personal cell phone if it’s connected to your office’s wifi.
If You’ve Downloaded a Remote Spy Software
There aren’t many qualms over whether employers can monitor company computers. Have no expectation of privacy when using these work devices, as they are provided by your company for work purposes. It’s best to assume that your employers have already installed employee monitoring apps on work devices.
However, this isn’t the case with personal devices.
Can your employer ask you to download remote spy software on your personal devices?
Legally, no, unless there is written consent, which most companies have prepared if you use your personal devices for work. Here are a few examples of what your employers can do with remote spy software:
- Take periodic screenshots of your screen. Companies usually do this to protect against insider threats and make sure that you’re being productive during work hours.
- Open your webcam or microphone. This is another security measure to make sure that the person using the device is authorized to access the data.
- Log your keystrokes. Keylogging is used to monitor productivity and monitor business interactions happening through written text.
- Track your location. This could be useful if you misplaced your devices or got it stolen, but not so cool when you’re out on personal errands.
Additionally, employers are often privy to messages you send through email accounts hosted by the company. This is done to make sure that the conversations and interactions within messaging accounts stay appropriate and protect you from electronic harassment.
The increasing use of personal devices in work settings brought about by work from home and BYOD policies made it necessary for employers to install tracking software on your device. What it actually tracks depends on your company policy and the software they use, but you can usually find out from the consent form or your company policy.
Even if you’re not doing anything wrong, constant monitoring, especially on personal devices, would put anyone on edge. If you’re worried about employee monitoring, here are a few ways to hide your tracks from your employers.
If You Have a VPN
A VPN masks your traffic and encrypts your data from prying eyes. It redirects your traffic through another host to change your IP address, and keeps anyone from knowing your browsing history. The only thing your ISP or company network would be able to see is that you’re connecting to a VPN because they can see that your traffic is directed towards the host provided by your VPN.
While it’s a great option to hide your internet activity, most employers won’t like this. In most cases, using a VPN on work devices will get you a warning. Companies need to make sure that you’re being productive during work hours, after all. They will likely suspect that you’re doing something that you don’t want them to know about if you’re disguising your traffic using a VPN.
Through WiFi
When you’re on the company network, your employer would be able to see your browsing history. However, there’s not much else they can see.
Things like passwords and content of messages you send are usually encrypted even if you’re using a private device on the company network. That said, it’s a different matter entirely if you’re using a work device or if you’ve downloaded spyware on personal devices.
While employee monitoring is especially necessary for remote teams, any employee would be alarmed to know that they’re being monitored. Most employers don’t care much about what you do when you’re off the clock. But sometimes, you’ll find one or two supervisors who are just creeping away at your data.
If you feel like your privacy has been violated, it probably is. Consider asking your employer about their monitoring policy if you’d like to know more about how they’re monitoring your activities. In addition, consider contacting an employment lawyer to see if your rights have been violated and receive guidance on what you should do next.
For employees, the best solution to protect your privacy is to keep your work device and personal device completely separate. If you have to work from home, consider setting up a guest network, where all your work devices can connect and have all your home devices on a different network.
For employers, remember that transparency is key when it comes to monitoring. Hiding what you track is not a positive business practice and an invasion of privacy that may result in a lawsuit at worst.
Although monitoring is necessary to protect your business interests, your employees’ right to privacy should not be ignored in any way. In addition, monitoring without explanation causes unnecessary stress, which might affect your employees’ performance and satisfaction in the long run.
Make sure that you communicate with your employees and that they understand what you’re monitoring as well as why. Emphasize that you’re not there to invade their privacy, and educate them on the threats they face when they work from home.
Inspired eLearning has multiple courses on security when working from home that could help you to do this. In addition, our Working Remotely module has various training sessions tailored to help employees work remotely without sacrificing security. In the meantime, check out how you can protect your home network in this free resource.
