Limits of employers on staff data privacy rights

The Covid-19 pandemic has greatly changed workplace dynamics with remote working becoming the new norm. Some employers use workplace surveillance tools to monitor their employees’ productivity and maintain the security of its systems. This surveillance coupled with remote working raises the concern that as an employer is carrying out its employee surveillance activities, personal and official communications of an employee may be commingled. While an employer has a legitimate interest to monitor its network to protect its business operations from rogue employees, it also has the obligation to balance its legitimate interests with an employee’s right to privacy with respect to personal and confidential information.

Employee surveillance refers to collecting, observing or recording personal data of staff. It can be in the form of video or audio surveillance using CCTVs, phone tracking, computer screen recording or software installation on work equipment. Employers monitor their employees to maximise on efficiency, proper resource use, including controlling internet access by limiting it to specific sites, tracking attendance and hours worked and for organisational security.