Some of these methods can be used to track where employees are, what they’re doing at any given moment, what their body temperature is, and what they’re viewing online. Employers can collect data and use it to score workers on their individual productivity or to track data trends across an entire workforce.
These tools aren't being rolled out only in office spaces, but in work-from-home spaces and on the road to mobile workers such aslong-haul truck drivers andAmazon warehouse workers.
Is This Legal?
As you might imagine, the laws of the land have had a hard time keeping up with the quick pace of these new tools. In most countries, there are no laws specifically forbidding employers from, say, video-monitoring their workforce, except in places where employees should have a“reasonable expectation of privacy,” such as bathrooms or locker rooms.
In the US, the 1986 Electronic Communications Privacy Actlaid out the rule that employees should not intercept employee communication, but its exceptions—that they can be intercepted to protect the privacy and rights of the employer or if business duties require it, or if the employee granted prior permission—make the law toothless and easy to get around.
A few states in the US require employers to post notice if they are electronically monitoring people in the office, and there are some protections for the purpose of collective bargaining, such as discussing unionizing.
In February, US Democratic senators led by Bob Casey of Pennsylvania moved to introduce legislation to curtail workplace monitoring by employers. It would require bosses to better notify employees of on- and off-duty surveillance and would establish an office at the US Department of Labor to track work monitoring issues.
What You Can Do
Privacy experts say that unfortunately for many employees, the only recourse for a worker who doesn't like a company's surveillance policiesis to find another job.
Short of that, employees can make a formal request for disclosure of a company's data collection and surveillance policies, typically from the human resources department. Such policies may be outlined in an employee handbook, but also may not be readily available, especially for smaller companies and startups. Workers who are part of a workers' union can request the information through their representatives.
A company may not know it is required to post that it's surveilling employees or that it is in a state where two parties must consent tophone-conversation monitoring. You could choose to let your company know it's not in compliance, and if the company doesn't make changes (and you’re in the United States), you could alert your state's workforce commission or file acomplaint with the US Occupational Safety and Health Administration or overHIPAA (Health Insurance Portability and Accountability Act) medical privacy issues.
Apart from all that, general data hygiene is also a good counter. Clear your browser cache regularly, and don't keep private data on work devices or transmit them over work email accounts. Block your workstation's webcam when it's not in use (if you're allowed to do that) and ask your employers if you can opt out of surveillance tools that are not required for your work.
Most importantly, be mindful when your employer issues notices about workplace privacy changes or when new software or hardware is introduced for the purposes of monitoring. Ask questions and research what these tools are if you don't get a good explanation from your bosses.
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