In the modern work-from-anywhere era, employers are increasingly tempted to monitor their remote workforce using employee surveillance software, also known as bossware or tattleware. While this type of monitoring software can have benefits such as boosting productivity and mitigating security risks, it also raises concerns about privacy and the employer-employee relationship.
Bossware is a broad term that includes various employee tracking tools. These software programs track the applications and programs used by employees throughout the day, as well as the duration of usage. More intrusive forms of surveillance may involve recording the employee’s screen and logging their keystrokes. Ideally, bossware should be installed on an employee’s device with their explicit knowledge and consent, although this is not always the case.
Surprisingly, employee monitoring has become more popular than anticipated, driven by the surge in remote working caused by the pandemic. According to a study, 60% of companies with remote workers now use some form of bossware, and 88% of them have fired workers after deploying the software. This high termination rate may be attributed to the fact that over 50% of workers whose activities were monitored were found to be spending three or more hours each day on non-work related activities.
The range of monitoring activities can be quite extensive, including tracking emails, browsing history, app usage, screen and keystrokes, webcams, telephone conversations, CCTV footage (in the office), GPS vehicle tracking, access badge location tracking, and even fitness tracking of vital signs and moods.
Advocates of bossware argue that it can help track stress levels among the workforce, improve productivity by identifying areas of improvement, promote fairness in the workplace, and mitigate data leakage and security risks. On the other hand, there are potential downsides, such as employees finding workarounds to bypass monitoring, limited tracking of non-digital tasks, increased stress levels and demotivation among employees, and privacy and legal implications for employers.
Organizations considering the use of bossware must be aware of the legal and privacy implications. In the European Union, the General Data Protection Regulation (GDPR) allows workplace monitoring under specific guidelines. Clear policies must be established to inform employees about monitoring schemes, and efforts should be made to minimize the intrusiveness of monitoring activities. Covert and exhaustive monitoring, such as recording internet usage and communication content, is not allowed. Employers monitoring private communications like emails must have a clear legal basis for doing so. Similarly, in the United States, the Electronic Communications Privacy Act (ECPA) allows monitoring as long as it is for legitimate business purposes and carried out on work-issued devices. However, state laws may require consent from employees before implementing monitoring.
Implementing fair staff monitoring practices requires careful consideration. Organizations should outline the lawful basis for monitoring, ensure that monitoring is necessary and proportionate, consider the extent of monitoring, be transparent with employees about the reasons for monitoring, protect collected data, follow data minimization practices, consider alternatives to monitoring such as training sessions or performance reviews, and determine if monitoring is necessary across the entire organization or if it can be limited to specific areas.
The key to implementing effective employee monitoring policies is to strike a balance between the business needs of the organization and the privacy rights of its employees. Transparency and open dialogue between employers and employees are crucial in navigating the challenges posed by remote employee monitoring in the hybrid working era.