Workplace Monitoring

The practice of employers observing, recording, or tracking employee activities, communications, and performance during work hours, raising significant privacy considerations requiring careful balancing of legitimate business interests against employee privacy rights. Common monitoring includes: email and communication surveillance, internet usage tracking, computer activity monitoring (keystrokes, screenshots), video surveillance, location tracking of company devices or vehicles, time and attendance systems, and performance analytics. While employers generally have broader monitoring rights than would apply to consumers, employees still have privacy expectations and legal protections. Organizations should: clearly disclose monitoring practices in employee privacy notices and policies, limit monitoring to legitimate business purposes (security, productivity, quality assurance, legal compliance), avoid monitoring personal communications unless necessary, implement monitoring proportionately to risks, provide employees with work devices to avoid monitoring personal devices, comply with labor laws and works council requirements, and consider employee consent where required. Jurisdictions vary significantly—European employees generally have stronger workplace privacy protections than U.S. employees. Secret monitoring is typically only justified for serious suspected misconduct.