{"id":457,"date":"2021-03-15T15:24:16","date_gmt":"2021-03-15T15:24:16","guid":{"rendered":"https:\/\/www.tsfactory.com\/forums\/blogs\/?p=457"},"modified":"2021-11-26T10:04:22","modified_gmt":"2021-11-26T10:04:22","slug":"monitoring-employees-computers-the-ethics-and-the-laws-in-the-united-states-europe","status":"publish","type":"post","link":"https:\/\/www.tsfactory.com\/forums\/blogs\/monitoring-employees-computers-the-ethics-and-the-laws-in-the-united-states-europe\/","title":{"rendered":"Employee Monitoring: Ethics & Laws"},"content":{"rendered":"

Employee Monitoring: The Ethics & the Law<\/p>\n

Employee Computer Monitoring: The Ethics and the Laws <\/b>In the United States & Europe<\/b><\/p>\n

Employee Monitoring: Ethics & Laws: Monitoring an employee\u2019s computer activity is becoming increasingly common, accelerated by COVID-19 which has resulted in many more people working from home.<\/p>\n

Employee tracking and monitoring systems serve important purposes. The main goals behind them are to prevent internal theft, examine employee productivity, ensure company resources are being used appropriately, and provide evidence for any potential litigation.<\/p>\n

If you plan on using monitoring software, it\u2019s imperative to understand the laws relevant to your organization, the ethical implications and how to implement the software to best serve your employees.<\/p>\n

The Legal Considerations<\/b><\/p>\n

The laws concerning employee monitoring can vary across states and countries and we detail these differences below. We recommend that no matter where your organization or employees reside and what the corresponding laws are, it\u2019s good practice to let your employees know that their electronic devices and communications are being monitored. Transparency is always good practice. Since many employees feel uncomfortable being monitored, it’s important to be forthcoming about what you hope to accomplish and how surveillance aligns with your business’s goals. According to a survey by Dtex Systems, “77% of employed Americans would be less concerned with their employer monitoring their digital activity on personal or work-issued devices they use to conduct work, as long as they are transparent about it and let them know up front.”<\/p>\n

United States<\/b><\/p>\n

Employee monitoring is legal, however there are some stipulations that must be followed in some states. In states such as Delaware<\/a> and Connecticut<\/a> employers must inform employees that they are being monitored electronically. Federal and most state privacy laws give discretion to employers as to how far they can go with their employee monitoring programs. In most cases, employers do not have to inform employees they are being monitored, depending on their state and local laws. Some regulations do require employee consent.<\/p>\n

Additionally there is federal legislation in effect which may impact your ability to monitor to the scale you want. Specifically the Electronic Communications Privacy Act<\/a> (ECPA) which essentially bans monitoring of electronic communications. However, like any regulation, there are exceptions and for businesses they allow to monitor employees as long as there is a \u201clegitimate business purpose.\u201d This means a system of employee monitoring would violate the law if there was no sound cause for it.<\/p>\n

Monitoring computer web activity is different and can fall under different legal precedent. You can monitor everything from what websites employees are browsing on the\u00a0 business’s Wi-Fi to what keystrokes they are making on their company laptop. There is practically no reasonable expectation of privacy for an employee using a company resource such as a laptop, mobile phone or remote access to the network. A good rule of thumb is to assume that anything employees do on their company-owned computer is visible to their employer.<\/p>\n

While it’s fine to monitor employees’ computer usage to make sure they’re not wasting time on social media and frivolous browsing, employers should know they risk acquiring too much information. Employers already have employees’ most personal data, and they can run amok of privacy laws like HIPAA if they disclose private information to anyone.<\/p>\n

As an employer, you have the burden of protecting that information, even that which comes from an employee’s personal browsing history or private data stored on a company computer. If a data breach were to occur, for example, and certain sensitive information was exposed, it leaves the company vulnerable to litigation by the employee.<\/p>\n

Europe<\/b><\/p>\n

Monitoring employees\u2019 electronic devices is legal in the EU provided employers have a legitimate business interest in doing so. However, employers also need to balance monitoring computer use while respecting the privacy of their employees. Employers should take the following approach:<\/p>\n