With the pandemic and the rise of working from home, monitoring employee productivity has been a topic of employee privacy concerns.

What if that monitoring includes video footage? There are numerous legal and ethical concerns that arise from an employer sharing video footage of an employee.

Technology and privacy in the workplace are a dichotomy that involves finding a balance. Employers wish to monitor employee productivity while employees wish to exercise their privacy rights. So, can my employer share video footage of me working at home? Let’s explore it further.

Main points to consider.

• Understanding the legal implications of monitoring employees in a remote working environment.
• Recognizing the significance of employee privacy in the digital age.
• Risks of sharing video surveillance without employee consent.
• Best approach in finding a balance between monitoring and employee privacy to provide employers and employees to work ethically.

Surveillance technology ethical issues.

The rise of remote work technology. With remote work becoming the standard, work monitoring has proliferated. Employers are able to monitor employee remote work productivity and work environment security.

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Reasons for Monitoring Employees Working Remotely

Data security and productivity are the two main reasons employers monitor remote workers, and remote employee monitoring helps employers understand how much work is being done, whether or not tasks are being completed, and whether or not there is a potential data security issue.

Some Common Remote Monitoring Technologies

Can my employer share video footage of me working at home? Remote monitoring technologies for employees include time tracking, virtual private networks, and video monitoring, which are used for remote employee surveillance and a means to mitigate potential data security issues.

Personal Space vs. Workspace

Remote monitoring technologies have resulted in a loss of distinction between the work and personal space, and employees feel that their personal boundaries are being intruded upon, which raises the issue of remote employee monitoring and the right to privacy in a workplace.

Streaming Video of Employees Working from Home: Relevant Legal Considerations

Concerning the applicable legal framework that governs the flotation of video footage of employees working from home, the balance of employer – employee rights is the pivot point of the discussion. Regulations vary from place to place. Legally, from a business standpoint, employers retain the rights to oversee the employees’ remote working activities.

Can my employer share video footage of me working at home?The question of remote work monitoring gets a bit more complicated legally because of video work footage employees. Employers cannot just obtain video work footage from employees remotely to monitor employee activities, because employees have a reasonable expectation of privacy. In the United States, this balance is complicated by the possibility that employers cannot use or disseminate recordings of employees to others, due to the Electronic Communications Privacy Act (ECPA) or other applicable state provisions. 

Employees working remotely need to understand the hovering policies of their employers, as well the legal framework to which their employers are obliged. Legal liability, privacy, and the antagonisms that may arise between employees and employers all arise from the unauthorized use by employers of video footage of employees working remotely.

FAQ

Can my employer share video footage of me working at home??

Distributing video footage is of course subject to the principles of your jurisdiction’s law, primarily data protection and privacy law. For example, in the United States, the Electronic communications privacy act, from time to time, law might be involved.

What if my employer shares video footage of me working from home without my consent?

If your employer shares video footage without your consent and without a legal basis, you may have a complaint under the law to the extent of data protection or privacy laws. You should check the specific laws in your jurisdiction, perhaps consider legal advice.

How can I protect my personal space while working from home under employer monitoring?

To protect your personal space, to the extent possible, you can create and work from a separate physical space, set remote working boundaries with your family and friends, and be acquainted with your employer’s monitoring policies. You may also want to clarify with your employer the extent of monitoring and the impact of monitoring on your personal space/work life balance.

What laws are in place to govern the monitoring of remote work?

While the monitoring of remote work is not governed by any specific laws, there are pertinent regulations such as data protection laws like the General Data Protection Regulation (GDPR) in the EU as well as regulations in the United States pertaining to closed-circuit television and wiretapping that may govern the activity. 

Is it possible to refuse to be monitored while working from home? Can my employer share video footage of me working at home?

While the ability to refuse monitoring while working from home is governed by company policy, such obligations are outlined in the employment contract. It is best to consult the employment contract you signed and discuss the matter with your HR department or a legal professional in order to know your alternatives.

What steps can be taken by an employee that believes that his or her company is monitoring his or home activity too closely?

Initially, an employee with such concerns should review the monitoring policy of the company in order to know the relevant laws that govern the situation. If this does not provide any guidance, the employee should consider discussing the matter with the HR department or a manager and seek the assistance of an attorney. 

So, your curiosity of ‘can my employer share video footage of me working at home?’ is resolved once for ever.