In today’s digital age, technology plays a pivotal role in the workplace. While employers may like that it enhances efficiency and productivity, it raises critical questions about privacy, data protection and legal compliance. It also gathers a massive amount of private information about workers, which could violate laws and regulations.
Employee monitoring: Balancing oversight and privacy
In the era of remote work and hybrid work models, there are three main issues to consider:
- The rise of monitoring tools: Employers increasingly rely on technology-enabled systems to monitor employees. These tools can track various aspects, including telephone communications, email usage, internet access, and social media activity. Biometric data (such as fingerprints) is also gathered and used for timekeeping, door access, and computer authentication.
- The legal considerations: State and federal laws intersect in this domain. While the E.U.’s General Data Protection Regulation (GDPR) provides a comprehensive approach to data privacy, the U.S. regulatory landscape remains complex and fragmented.
Florida law grants covered Florida consumers privacy rights concerning their personal data through the Digital Bill of Rights and the Florida Information Protection Act. Still, these provisions do not specifically apply to employment-related data. For employee privacy specifically, Florida statutes do address interception and disclosure of electronic communications, requiring consent from all parties involved in a private conversation. These statutes also protect against various computer surveillance activities. - The implications of the tech trend: Electronic monitoring (by design or happenstance) can limit work autonomy. At the same time, this level of oversight can erode trust in management. Some employers try to defuse the negatives by applying game-like dynamics to tasks, milestones and goals; however, this may place undue pressure on workers to meet performance targets.
Emerging technology putting companies at risk
As technology evolves exponentially, employers must be vigilant in navigating laws related to workplace discrimination, privacy rights, and A.I. tools. For example, A.I. is now used to evaluate potential hires. The usage includes scanning resumes to compare them to current employees. However, tech can also now evaluate the ubiquitous video interviews sent by candidates. The technology may have absorbed all the legal information about discriminatory hiring practices, but this could be a case where it lacks the human context in exercising such nuanced analysis, thus leaving companies open to accusations of discrimination in the workplace.
Data protection more critical than ever
As companies increasingly utilize advanced technologies such as A.I. and big data analytics to monitor employee performance and behavior, the potential for collecting vast amounts of personal and sensitive information grows. This raises significant privacy concerns and necessitates stringent data protection measures to prevent misuse and ensure that employees’ rights are not infringed upon. There are some regulations, but employers must ensure that any data collected through monitoring technologies is relevant, necessary and used in a manner consistent with these principles. Moreover, with hackers breaching private, state and federal databases, upholding data protection standards has become increasingly important.
A fast-moving target
Privacy, breaches and legal compliance will continue to be challenged to keep up with the insistent evolution of technology transforming the workplace. Employers must be aware of the issues and strike a delicate balance, respecting employee rights, leveraging technology effectively and protecting it. Employment law attorneys now need to understand the convergence and how to find balance between employers’ goals and employees’ rights.