Employee surveillance—learn how far you can go

“Why does it feel like somebody’s watching me?” Remember the old song with Michael Jackson singing this lament in the chorus? Employees in our current technological age may share this sentiment. More and more employers are conducting various modes of surveillance in the workplace, including video cameras and cybersecurity that tracks email and website traffic.

According to the American Management Association, nearly 80% of major employers in the United States monitor employees’ internet, phone, and email use. As this type of surveillance becomes more widespread in offices, factories, and even in at-home remote work sites, the question arises: How far can employers go?

Is surveillance permitted?

Workplace surveillance is permitted generally in the United States, especially on company devices and networks. Federal and state law generally permit this type of monitoring. The Electronic Communications Privacy Act (ECPA) of 1986 permits monitoring of work devices. Because the devices are company property, employees shouldn’t expect privacy. On employer-issued devices, employers can track files, documents, email, and online activity, even when the employee is working remotely and even outside normal business hours.