Worker surveillance on the increase

Emailing, web surfing and online browsing have advanced the workplace in countless ways. But the whole online revolution has also created a new breed of employee, the “cyberslacker”.

When boredom, procrastination or pressing personal business strike at work, the cyberslacker goes online to shop, play games, pay bills, view pornography, download music, communicate with friends, maybe even look for another job.

Probably eighty to 85 percent of employees who use computers to do their jobs also regularly use them for personal tasks or fun. Non-work online activities amount to as much as 3.7 hours per week, according to a study called the ‘National Technology Readiness Survey’ carried out by the University of Maryland in the US.

Problems arise with all this online activity when personal activity on the work computer affects employee productivity. Even conservative estimates put the annual ‘lost productivity’ figure, due to private online activity, as absolutely huge.

Obviously, technology in all its guises has been a boon to business, but it has also complicated privacy issues in the workplace.

It is virtually impossible to conduct business today without using a computer, and technology has enabled employers to monitor virtually every aspect of workplace communications made by employees using computers.

Many companies today take advantage of technology to monitor employee use of the Internet and to check employee email. While some employees may feel this monitoring is a violation of their privacy, there are many logical reasons for doing it, eg the need to monitor spam and the need for normal surveillance of worker activity.

In NSW, the Workplace Surveillance Act that came into force during 2005:

• Prohibits the surveillance by employers of their employees at work except where employees have been given notice or where the employer has a covert surveillance authority issued by a Magistrate.
• Applies to camera surveillance, computer surveillance (surveillance of the input, output or other use of a computer by an employee) and tracking surveillance (surveillance by means of an electronic device the primary purpose of which is to monitor or record geographical location or movement).
• Extends beyond the workplace to any place where an employee is working.

Despite the existence of laws similar to this in all states, some difficult staff and privacy issues have come to the surface over recent years. In addition, although the law may sound tough, it seems that so long as an employer informs employees that surveillance is taking place, there are few restrictions.

• Take the case of the woman who found out she was pregnant, visited an expectant-mother’s web site and then was confronted by her boss later that day.
• Or the worker who sent her doctor an email containing normal health-related terminology that was later interpreted as having a sexual connotation.

These sort of cases show just how careful employers need to be. It is very easy to unnecessarily embarrass good employees for minor, innocent actions because of misinterpretations.

Generally, bosses can cite significant reasons for tracking worker activity: monitoring can go a long way toward cutting down on sexual harassment, workplace accidents and goofing off. Plus, in lawsuits, courts expect employers to be able to hand over electronic evidence.

Such surveillance is on the increase and some specialists are saying that by 2010, the surveillance and video technology industry will be double what it was in 2003.

Naturally, employers want to be sure their employees are doing a good job, but employees don't want their every sneeze or trip to the water cooler logged. That's the essential conflict of workplace monitoring.

New technologies make it possible for employers to monitor many aspects of employee jobs, especially on telephones, computer terminals, through electronic and voice mail, and when employees are using the Internet. But it all needs to be implemented with great care in order to avoid worker dissatisfaction and conflict.