It’s easy to wonder if employers can track remote work and whether privacy laws apply.
- Electronic monitoring is the collection of information via telephone, computer, microphone, and webcam about employees’ communications and activities. It allows for workplace surveillance of activities that supervisors cannot see or hear.
Many ways can companies monitor their employees electronically. Your boss can view your keystroke data and information about how you spend your idle time, as well as your webcam data and microphone, if you have a computer at work.
- Monitoring programs can even automatically take screen shots without you being aware.
- A corporate internet connection allows you to log in and see all of your emails.
- Your employer might be able view private emails, websites or social media accounts that you use through the same connection.
- What about all the collaboration tools like Slack and Google Meet? Your employer also owns them, so they have access to the content.
- Your company might also be recording your Zoom or Microsoft Teams video conferences.
- Also, be on the lookout for company-issued phones. All of your GPS data can easily be tracked.
Do there exist laws that protect employee privacy?
They provide privacy protection. Employers are prohibited from interfering with employees’ electronic, oral and wire communications under the Electronic Communications Privacy Law of 1986.
The law allows exceptions if the employee consents to it or if the employer can demonstrate a legitimate business reason for monitoring electronic and oral communications.
In general, workers should not expect much privacy when it comes to workplace communications–especially when using employer-issued computers, phones, and networks.
Are these laws applicable to me if my company is located in another state?
There are many factors that will affect whether electronic monitoring laws in your particular state can protect you if your employer is located in another state. Ask your employer about their policy if you have any questions.
Summarized from an article by Ottinger Employment Lawyers.
