Computer surveillance in the workplace

Last updated

Computer surveillance in the workplace is the use of computers to monitor activity in a workplace. Computer monitoring is a method of collecting performance data which employers obtain through digitalised employee monitoring. Computer surveillance may nowadays be used alongside traditional security applications, such as closed-circuit television. [1]

Contents

Computer usage monitoring

Depending upon the technology and methods used, monitoring applications may track all activity or may target specific activities of employees on a company-owned computer or terminal. They may monitor various devices installed on the computer (e.g., web cameras and microphones). This includes not only recordings from these devices but also remote broadcasting of live feed from webcams and microphones. [2]

Tools used for monitoring employee computer usage incorporate:

This is also known as employee monitoring in the industry. Employee monitoring is used for multiple reasons, including compliance and Insider threat management. Employee monitoring software can monitor application software, including email, instant message, filesystem and print jobs. [3]

Internet usage

Internet surveillance is the monitoring of Internet data traffic, web access, and other online activity. This may include monitoring any Internet traffic including encrypted web browser traffic via Transport Layer Security and Secure Sockets Layer connections, personal web-based email, and personal banking sites. Research done by American Management Association that nearly 30 percent of all employers in the United States monitor employee e-mails. [1]

Legislation

Labor union contracts and other forms of employment agreements may offer some protection from monitoring. Additionally, in the United States, public sector employees may have some protection under the Fourth Amendment to the United States Constitution. Employees in California may have additional protection under specific portions of state statute. [4]

Employers may be required to maintain documentation of emails and other communications for regulatory or compliance purposes. The monitoring of email and instant messaging communications may be part of these requirements. [5]

Some software used for this type of surveillance may impose additional restrictions or notification requirements based on their End User License Agreement (EULA). For example, Spectorsoft requires that employees have signed a contract stating that their computer activity may be monitored when they were employed. Additional legal issues may arise if information obtained from the monitoring is used for illegal or malicious purposes. [6]

Employee perception

In organizations without stated computer usage or monitoring policy, employees typically use the company's equipment at their respective discretion and, in most cases, there may be no visible restrictions or monitoring of the activities performed on this computer. The use of computer surveillance within the employee discipline or evaluation process may be viewed by employees as an invasion of privacy or a lack of trust. Employers have the right to monitor their employees in the United States but of course, there are specific rules and regulations they must follow depending on the state legislation. [7]

Despite the fact that almost 80% of all major companies in America actively monitor their employees., [8] public opinion is still mostly on the employees’ side. Most of Americans still think that monitoring in the workplace is not entirely acceptable. According to Pew Research Center, only 6% of respondents do not care about being monitored at work. [9]

Employee's relationship with employers may be affected with being monitored at work. [10] The freedom, privacy, respect, and responsibility aspect between human relations may be taken away from an employee when being monitored. [10]

See also

Related Research Articles

Spyware is any software with malicious behavior that aims to gather information about a person or organization and send it to another entity in a way that harms the user by violating their privacy, endangering their device's security, or other means. This behavior may be present in malware and in legitimate software. Websites may engage in spyware behaviors like web tracking. Hardware devices may also be affected.

Keystroke logging, often referred to as keylogging or keyboard capturing, is the action of recording (logging) the keys struck on a keyboard, typically covertly, so that a person using the keyboard is unaware that their actions are being monitored. Data can then be retrieved by the person operating the logging program. A keystroke recorder or keylogger can be either software or hardware.

<span class="mw-page-title-main">Surveillance</span> Monitoring something for the purposes of influencing, protecting, or suppressing it

Surveillance is the monitoring of behavior, many activities, or information for the purpose of information gathering, influencing, managing, or directing. This can include observation from a distance by means of electronic equipment, such as closed-circuit television (CCTV), or interception of electronically transmitted information like Internet traffic. It can also include simple technical methods, such as human intelligence gathering and postal interception.

Computer and network surveillance is the monitoring of computer activity and data stored locally on a computer or data being transferred over computer networks such as the Internet. This monitoring is often carried out covertly and may be completed by governments, corporations, criminal organizations, or individuals. It may or may not be legal and may or may not require authorization from a court or other independent government agencies. Computer and network surveillance programs are widespread today and almost all Internet traffic can be monitored.

<span class="mw-page-title-main">Electronic Communications Privacy Act</span> 1986 United States federal law

The Electronic Communications Privacy Act of 1986 (ECPA) was enacted by the United States Congress to extend restrictions on government wire taps of telephone calls to include transmissions of electronic data by computer, added new provisions prohibiting access to stored electronic communications, i.e., the Stored Communications Act, and added so-called pen trap provisions that permit the tracing of telephone communications . ECPA was an amendment to Title III of the Omnibus Crime Control and Safe Streets Act of 1968, which was primarily designed to prevent unauthorized government access to private electronic communications. The ECPA has been amended by the Communications Assistance for Law Enforcement Act (CALEA) of 1994, the USA PATRIOT Act (2001), the USA PATRIOT reauthorization acts (2006), and the FISA Amendments Act (2008).

Internet privacy involves the right or mandate of personal privacy concerning the storage, re-purposing, provision to third parties, and display of information pertaining to oneself via the Internet. Internet privacy is a subset of data privacy. Privacy concerns have been articulated from the beginnings of large-scale computer sharing and especially relate to mass surveillance.

Time-tracking software are computer programs that allows users to record time spent on tasks or projects.

Email privacy is a broad topic dealing with issues of unauthorized access to, and inspection of, electronic mail, or unauthorized tracking when a user reads an email. This unauthorized access can happen while an email is in transit, as well as when it is stored on email servers or on a user's computer, or when the user reads the message. In countries with a constitutional guarantee of the secrecy of correspondence, whether email can be equated with letters—therefore having legal protection from all forms of eavesdropping—is disputed because of the very nature of email.

Employee monitoring software, also known as bossware or tattleware, is a means of employee monitoring, and allows company administrators to monitor and supervise all their employee computers from a central location. It is normally deployed over a business network and allows for easy centralized log viewing via one central networked PC. Sometimes, companies opt to monitor their employees using remote desktop software instead.

Countersurveillance refers to measures that are usually undertaken by the public to prevent surveillance, including covert surveillance. Countersurveillance may include electronic methods such as technical surveillance counter-measures, which is the process of detecting surveillance devices. It can also include covert listening devices, visual surveillance devices, and countersurveillance software to thwart unwanted cybercrime, such as accessing computing and mobile devices for various nefarious reasons. More often than not, countersurveillance will employ a set of actions (countermeasures) that, when followed, reduce the risk of surveillance. Countersurveillance is different from sousveillance, as the latter does not necessarily aim to prevent or reduce surveillance.

Workplace privacy is related with various ways of accessing, controlling, and monitoring employees' information in a working environment. Employees typically must relinquish some of their privacy while in the workplace, but how much they must do can be a contentious issue. The debate rages on as to whether it is moral, ethical and legal for employers to monitor the actions of their employees. Employers believe that monitoring is necessary both to discourage illicit activity and to limit liability. With this problem of monitoring employees, many are experiencing a negative effect on emotional and physical stress including fatigue, lowered employee morale and lack of motivation within the workplace. Employers might choose to monitor employee activities using surveillance cameras, or may wish to record employees activities while using company-owned computers or telephones. Courts are finding that disputes between workplace privacy and freedom are being complicated with the advancement of technology as traditional rules that govern areas of privacy law are debatable and becoming less important.

Employee monitoring is the surveillance of workers' activity. Organizations engage in employee monitoring for different reasons such as to track performance, to avoid legal liability, to protect trade secrets, and to address other security concerns. This practice may impact employee satisfaction due to its impact on the employee's privacy. Among organizations, the extent and methods of employee monitoring differ.

<span class="mw-page-title-main">Input device</span> Device that provides data and signals to a computer

In computing, an input device is a piece of equipment used to provide data and control signals to an information processing system, such as a computer or information appliance. Examples of input devices include keyboards, computer mice, scanners, cameras, joysticks, and microphones.

Web tracking is the practice by which operators of websites and third parties collect, store and share information about visitors' activities on the World Wide Web. Analysis of a user's behaviour may be used to provide content that enables the operator to infer their preferences and may be of interest to various parties, such as advertisers. Web tracking can be part of visitor management.

<i>Robbins v. Lower Merion School District</i> Federal class action lawsuit

Robbins v. Lower Merion School District is a federal class action lawsuit, brought during February 2010 on behalf of students of two high schools in Lower Merion Township, a suburb of Philadelphia. In October 2010, the school district agreed to pay $610,000 to settle the Robbins and parallel Hasan lawsuits against it.

Retina-X Studios is a software manufacturer company that develops computer and cell phone monitoring applications, focused on computers, smartphones, tablets and networks. The company is founded in 1997 and it is based in Jacksonville, Florida, United States.

Corporate surveillance describes the practice of businesses monitoring and extracting information from their users, clients, or staff. This information may consist of online browsing history, email correspondence, phone calls, location data, and other private details. Acts of corporate surveillance frequently look to boost results, detect potential security problems, or adjust advertising strategies. These practices have been criticized for violating ethical standards and invading personal privacy. Critics and privacy activists have called for businesses to incorporate rules and transparency surrounding their monitoring methods to ensure they are not misusing their position of authority or breaching regulatory standards.

GoGuardian is an educational software company founded in 2015 and based in Los Angeles, California. The company's services monitor student activity online, filter content, and alert school officials to possible suicidal or self-harm ideation. Concerns have been raised over these functions, claiming the software is spyware.

Network eavesdropping, also known as eavesdropping attack, sniffing attack, or snooping attack, is a method that retrieves user information through the internet. This attack happens on electronic devices like computers and smartphones. This network attack typically happens under the usage of unsecured networks, such as public wifi connections or shared electronic devices. Eavesdropping attacks through the network is considered one of the most urgent threats in industries that rely on collecting and storing data. Internet users use eavesdropping via the Internet to improve information security.

Indiscriminate monitoring is the mass monitoring of individuals or groups without the careful judgement of wrong-doing. This form of monitoring could be done by government agencies, employers, and retailers. Indiscriminate monitoring uses tools such as email monitoring, telephone tapping, geo-locations, health monitoring to monitor private lives. Organizations that conduct indiscriminate monitoring may also use surveillance technologies to collect large amounts of data that could violate privacy laws or regulations. These practices could impact individuals emotionally, mentally, and globally. The government has also issued various protections to protect against indiscriminate monitoring.

References

  1. 1 2 "Electronic Interaction in the Workplace: Monitoring, Retrieving and Storing Employee Communications in the Internet Age :: Longwoods.com". Hr Resources Database. 15 June 2001.
  2. Strohmeyer, Robert (22 March 2011). "How to Monitor Your Employees' PCs Without Going Too Far". PCWorld. Retrieved 16 December 2017.
  3. Ciocchetti, Corey, The Eavesdropping Employer: A Twenty-First Century Framework for Employee Monitoring (May 29, 2010). American Business Law Journal, Vol. 48, No. 2, 2011., SSRN   1617785
  4. "Privacy Rights of Employees Using Workplace Computers In California". Privacy Rights Clearinghouse. Archived from the original on 2015-09-06. Retrieved 2011-11-01.
  5. "Workplace Privacy and Employee Monitoring". Privacy Rights Clearinghouse. 6 July 2017. Retrieved 16 December 2017.
  6. "FBI investigates allegations webcam used to monitor student". CNN.com. Archived from the original on 2012-04-12. Retrieved 2011-11-01.
  7. Ella V. John (April 2016). "Employee Monitoring and Workplace Privacy Law" (PDF). American Bar Association.
  8. Romy Ribitzky (18 April 2017). "Active Monitoring of Employees Rises to 78%". ABC News .
  9. Mary Madden & Lee Rainie (20 May 2015). "Americans' Attitudes About Privacy, Security and Surveillance".
  10. 1 2 Martin, Kirsten; Freeman, R. Edward Edward (2002). "Some Problems with Employee Monitoring". SSRN Electronic Journal. doi:10.2139/ssrn.348040. ISSN   1556-5068. S2CID   154952600.