On-the-Job Privacy, Part One

Think it's safe to complain about your tyrant of a boss over email or on the phone while at work? Think again. Anything you say, do, or type at work may be monitored by your employer. The 2007 Electronic Monitoring & Surveillance Survey contacted 304 American companies about their employee monitoring practices. The survey, conducted by the American Management Association and The ePolicy Institute, found that about half of employers monitored employees' telephone, internet, and computer use, and 48% also used video monitoring. The vast majority of employers notified workers that they were being monitored.

Currently, very few laws exist to protect a worker's privacy and employers hold the balance of power. Government employees and contract workers may have some legal protection from invasive monitoring practices, and unionized employees may have some additional protection through their collective agreements. However, most private sector employers are free to monitor the activities of their workers, and do not need to inform employees that they are being monitored.

Computer Monitoring

According to the survey, computer and internet use are the most heavily monitored workplace activities. Sixty-five percent of companies blocked employees from connecting to inappropriate websites, and 43% monitored employees' email. To monitor employees' computer use, 45% of employers tracked content, keystrokes per hour, and the amount of time employees spent at their keyboards. Another 43% stored and reviewed employees' computer files. Some managers also patrol blogs and social networking sites to defend the company's reputation and privacy, with 12% of employers surveyed monitoring blogs to see what is being written about the company and 10% monitoring social networking sites. Unwary workers can pay a heavy price: 30% of bosses have fired workers for inappropriate internet use and 28% have fired workers for inappropriate email use.

Phone Monitoring

According to information from the American Civil Liberties Union (ACLU), about one million employees are subject to routine telephone monitoring. In the survey, 45% of employers monitored the amount of time employees spent on the phone and the numbers they called, 16% recorded phone conversations, and 9% monitored employees' voicemail messages. Six percent of the companies surveyed had fired employees for misuse of office phones.

Video, GPS, and Other Surveillance

Forty-eight percent of the employers from the survey used video surveillance at work, primarily to counter theft, violence, and sabotage. Only 7% of companies used video surveillance to track employees' job performance.

The use of global positioning systems (GPS) was rare, with 8% of companies using it to track company vehicles, 3% using it to track company cell phones, and 1% using it to track employees through their ID cards or smartcards.

Recommendations for Employers

The Office of the Privacy Commissioner of Canada and the ACLU urge employers who monitor their workers to adopt the following guidelines and recommendations:

• Employers should notify all employees and applicants about their monitoring policies. The employer should clearly state what kinds of information it collects, why such information is collected, and how the employer uses that information. Employees should consent to the collection, use, and disclosure of their personal information.

• Employers should only collect information that is relevant to an employee's job performance and/or relevant to ensuring workplace/worker safety.

• Employers should destroy the data they collect after it has fulfilled its stated purpose. Exceptions may be made if the employee gives permission for the data to be used for other purposes, or if there are legal or other reasons to retain the data.

• Employers can use a signal to let employees know that they are being monitored. For example, playing a recorded message that states conversations may be for monitored for quality assurance purposes before listening in on a phone call between an employee and a customer.

• Change rooms, washrooms, staff lounges, and other areas designated for the health or comfort of employees should not be monitored.

• Employers should not disclose an employee's personal data to outside parties without the employee's consent.

• All employees should have access to the data collected on them. Employees should be able to dispute any information that is inaccurate, misleading, or out-of-date.

Fair employee monitoring practices must strike a balance between the rights of the employer and the employee. Employers have a right (and responsibility) to collect information to ensure workplace productivity and safety, while employees have a right to dignity and privacy.

Next week, see: On-the-Job Privacy, Part Two.

On-the-Job Privacy, Part One

Computer Monitoring

Phone Monitoring

Video, GPS, and Other Surveillance

Recommendations for Employers

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Sheng Wang

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