Demand For Surveillance Software Is Increasing – How To Get It Right

By: Simone Ziegler & Miriam Everett (Herbert Smith Freehills)

The Future of Work Report 2021: Remote/Controlled shows that a majority of employers expect an increase in employee monitoring to develop in the post-COVID-19 world of working from home and hybrid working. What is the reason for this? Working from home requires trust. This is apparently not a given for every employer. Some may feel they lose control over their employees when they work from home rather than in the office. This loss of control can potentially be compensated for by using employee monitoring software. Tech companies have developed a long list of monitoring and control tools, including: control of log-in data, movement profiling via work mobile phones, monitoring PC cameras, monitoring of browsing history, monitoring of emails, using keylogger software, using data loss prevention tools, facial recognition systems, plus many other tools.

WHAT SHOULD TECH COMPANIES CONSIDER WHEN DEVELOPING MONITORING SOFTWARE FROM A LEGAL PERSPECTIVE?

When developing their technologies, tech companies will need to carefully consider the complex web of regulations that employers must navigate when using the technology. When using monitoring software and technologies employers must respect privacy, data protection, telecommunications laws, cybercrime laws and, in some countries, the rights of employee representatives. Employers often walk a fine line between using data to monitor misconduct and violating these laws and regulations. For multinational organisations, this can be a particularly complex area as there are often subtle differences in regulations as well as local expectations and norms…

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