Nobody likes creepers. However, employee monitoring technology is becoming almost as common as us being tracked by Facebook and Amazon. Nearly 80% of companies digitally monitor employees, and about half have fired employees for internet and email infractions, according to research from the ePolicy Institute. While employers have the legal right to track internet activity, emails, and software use by employees using computers and mobile devices, should they?
Key Takeaways
- Nearly 80% of companies digitally monitor employees, and about half have terminated employees for internet or email policy violations, making employee monitoring a mainstream business practice rather than an outlier approach to workplace management.
- Monitoring provides genuine business protection by uncovering theft, misconduct, or harassment, creating a documented evidence trail that supports the business in criminal or civil proceedings when misconduct does occur.
- Employees who know they are being monitored are statistically less likely to engage in harassment or access inappropriate content, and monitoring data can reveal workflow bottlenecks that directly inform productivity improvements and staffing decisions.
- There is an important distinction between monitoring and surveillance. Monitoring is a transparent, policy-driven practice, while surveillance without clear communication creates a “big brother” dynamic that damages employee trust and morale.
- Ethical monitoring requires a written policy, full transparency with employees about what is tracked and why, the use of proper technology tools rather than manual prying, and a clear understanding of state-specific privacy laws that vary significantly across jurisdictions like California, Florida, Louisiana, Connecticut, and South Carolina.
Monitoring Has Its Advantages
Monitoring employees has some major benefits for employers (… just like Facebook benefits from tracking us). First, it serves as a means of protection. If a business is tracking what employees are doing, it might uncover instances of employee theft or misconduct. And in the case of criminal or civil action, monitoring provides an evidence trail of the activity.
Employees who know they’re being monitored are more likely to follow harassment guidelines and less likely to access inappropriate websites (ahem, internet porn) providing a safer workspace. Those who do engage in harassment or accessing inappropriate sites are flagged and can be disciplined. Knowing they’re being monitored may also discourage other forms of misuse. Employees are said to spend anywhere from one to three hours a day surfing the web for personal reasons, depending on the study.
Monitoring can improve workplace productivity as well. If an employer can evaluate where employees are spending the most time, they can identify clogs in their workflows. They can also use the data to inform hiring decisions based on where the greatest needs are.
Don’t Be a Creeper
Despite the advantages, privacy and the employer-employee relationship are also major considerations. Managers should consider the difference between monitoring and surveillance says Andrew Walls, security and risk analysts at Gartner, Inc. Monitoring–good; surveillance–creepy. If regular monitoring is something you’re already doing or considering for the future, here are some suggestions for doing it in the most ethical and positive ways to avoid being seen as “big brother.”
Monitor with Class
Set a written policy.
Make rights and responsibilities for computers and digital devices clear by creating use guidelines for employees. The guidelines could spell out what’s acceptable use of email, internet, and social networks, as well as establish a digital code of conduct for employees to sign. You should also be clear about how the company will monitor employees, what will be monitored, and what the consequences will be for violating the use policy.
2. Inform your workforce.
So you don’t run into morale or legal issues, make sure you’re fully transparent about how you’re monitoring employees. Create processes to inform new employees and to update employees if there are changes. If you inform workers about the advantages monitoring gives the business, especially when it comes to protection, they’ll better understand why it’s necessary. You also want to share what kinds of personal information they should avoid accessing on company-owned devices for their own privacy and protection. Not only will that help them maintain healthy boundaries, but it will keep the business from unintentionally learning private data that could lead to privacy or discrimination disputes.
3. Use technology tools.
So that no one is prying into everyone’s data, use one of the numerous products for monitoring digital devices and networks. You can set these types of programs to do things like flag websites or URLs containing certain words or phrases or alert you to “suspicious activity.” You can also use software that filters inappropriate websites and material.
4. Know your state’s laws regarding monitoring.
Different states have different laws when it comes to workplace privacy and employee monitoring. For example, Connecticut requires companies to inform employees about monitoring in writing and detail the tracking methods used to monitor. In states like California, Florida, Louisiana, and South Carolina, employers have to be careful about how they monitor. Those states have constitutions that guarantee residents a right to privacy.
Following these tips should help you strike the important balance between mitigating risks for your business and maintaining good relationships with employees. If you need assistance with maintaining your business hardware and software, designing your IT infrastructure, or selecting the right hardware, you can start a conversation with one of Inteleca’s expert engineers HERE.
FAQs
Can my employer monitor my activities on the work PC?
In most cases, yes. Employers generally have the legal right to monitor internet activity, emails, and software use on company-owned devices and networks, since the equipment itself belongs to the business rather than the employee. This typically includes tracking websites visited, emails sent through company accounts, application usage, and general activity during work hours. The specific scope of what can be monitored and how much disclosure is legally required varies by state, so the exact rules depend on where you work. Employers who monitor responsibly usually document this in a written acceptable use policy, which is worth reviewing if you have access to it, as it typically outlines exactly what is tracked and why.
What are my rights regarding workplace surveillance?
Your rights depend significantly on the state you work in. Some states, like Connecticut, legally require employers to notify employees in writing about monitoring practices and detail the specific methods used. Other states, including California, Florida, Louisiana, and South Carolina, have constitutional privacy protections that place additional limits on how invasive workplace monitoring can be, even on company-owned devices. Generally speaking, monitoring conducted transparently, with a clear written policy that employees have been informed about, is legally standard practice. What crosses the line is covert surveillance without disclosure, which can create legal exposure for the employer depending on your state’s specific privacy laws. If you are unsure about the monitoring policies at your workplace, your HR department or employee handbook is the most direct source for company-specific details, and consulting your state’s specific labor and privacy statutes will clarify your baseline legal protections.
How do I create an ethical employee monitoring policy?
Creating an ethical employee monitoring policy starts with a written document that clearly defines what will be monitored, whether that is email, internet activity, application use, or device access, and specifies exactly why each measure is in place. The policy should establish a digital code of conduct that employees review and sign, outline the consequences for violations, and be communicated proactively during onboarding rather than discovered after the fact. Transparency is the core principle that separates ethical monitoring from surveillance. Employees should always know monitoring is happening and understand the legitimate business reasons behind it, such as protecting against theft, ensuring compliance, or maintaining a safe workplace. Using dedicated technology tools to flag specific concerns rather than manually reviewing everyone’s activity also keeps the process professional and proportionate. Finally, the policy needs to reflect your state’s specific privacy laws, since requirements vary considerably and states like Connecticut mandate written disclosure of monitoring methods while others with constitutional privacy protections require additional care in how monitoring is implemented.
Is employee monitoring an invasion of privacy?
It depends heavily on how the monitoring is implemented rather than whether it happens at all. Monitoring conducted transparently, with a written policy that employees have reviewed and understood, is generally considered a legitimate business practice rather than a privacy violation, particularly since it applies to company-owned devices and networks used during work hours. The dynamic shifts toward invasion of privacy when monitoring is covert, undisclosed, or extends into areas employees would reasonably expect to remain private, such as personal accounts accessed on personal time through personal devices. The distinction experts draw is between monitoring, which is disclosed and policy-driven, and surveillance, which operates without employee knowledge and creates a much higher risk of both legal exposure and damaged trust. State law also plays a significant role here, as jurisdictions with constitutional privacy protections set a higher bar for what employers can do even on company equipment, making it worth understanding your specific state’s requirements before implementing or expanding any monitoring program.
