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IT leaders should stop blanket employee surveillance and use monitoring only when a specific, legitimate purpose cannot be met by a less intrusive measure. That does not mean every form of workplace monitoring is unlawful or unjustified. It means that collecting more data than a defined need requires creates privacy and governance risks without automatically making a business safer or more productive.
What counts as employee monitoring?
Workplace monitoring is broader than watching a webcam feed. The UK Information Commissioner’s Office (ICO) describes monitoring that can be systematic or occasional and may include CCTV, webcam images and screenshots, keystroke logging, productivity tools, internet activity, location devices and hidden audio recording.
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These methods collect different kinds of information and carry different risks. A security log that records access to a company system is not the same as routine screenshots of a worker’s home office. The useful question is not simply whether a tool can collect data; it is whether the specific collection is necessary, fair and limited to a clear purpose.
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1Scan for outdated or missing drivers - takes under a minute2Clear out junk files and repair common Windows errors3Fix the driver behind crashes, sound loss and screen glitchesWhy stop mass monitoring rather than every form of monitoring?
Broad collection can capture personal or sensitive details, including activity unrelated to work. It can also make an imperfect signal look like a reliable measure of performance: a period with little keyboard or mouse activity does not, by itself, establish that someone is not working. The material considered here does not establish a general statistic for how prevalent employee monitoring is or what effects it causes, so claims about its scale or universal impact should be treated cautiously.
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The ICO’s UK guidance offers a practical test: “Just because a form of monitoring is available, does not mean it is the best way to achieve your aims.” An employer should identify a clear purpose and lawful basis, assess necessity and fairness, and choose the least intrusive way to meet the need. A business purpose alone does not justify every method that might serve it.
Is employee monitoring legal?
There is no single answer for every country, employer or monitoring method. The ICO guidance is about UK data-protection principles; it is not a universal legal test. It says employers should identify a lawful basis and consider necessity and fairness. The ICO also says its guidance is under review following the Data (Use and Access) Act, so UK employers should check current requirements. Employers elsewhere need advice based on the law where their workers are located.
Rank #2
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For a particular proposal, the legal review should address what data will be collected, who will be affected, why collection is needed, who can access the records and how long they will be kept. Do not treat a notice to workers as a substitute for a justified and proportionate method.
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Use these questions before procuring a tool, switching on a new feature or expanding an existing program. They translate regulator guidance into a governance check; they are not a claim that one legal test applies everywhere.
Rank #3
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- Define the purpose. State the concrete risk or operational need, such as protecting data, meeting a legal obligation or recording start times. “Improve productivity” is too vague to explain what information is required or when collection should stop.
- Test necessity. Ask whether a less intrusive control can achieve the same purpose. The ICO’s example for a start-time discrepancy is to check system log-on times and let the worker explain, rather than automatically taking webcam images.
- Limit scope. Specify the people, devices, data fields and collection frequency. Exclude personal activity and periods that are not relevant to the stated purpose wherever possible.
- Set access and retention rules. Name who may view the records, whether access is logged, how long data is retained and who can approve an exception. Set a deletion schedule rather than keeping information indefinitely by default.
- Explain and consult. Tell affected workers in accessible language what is collected, why, when, and who can see it. Consider worker or representative input and whether a data protection impact assessment (DPIA) is appropriate.
- Review the result. Set a review date and criteria for deciding whether the monitoring remains necessary. If the purpose can be met another way, or the need has ended, change or stop the collection.
What can replace intrusive monitoring?
The alternative depends on the problem. Separate controls designed to protect systems and data from tools intended to measure individual activity. A security concern may be addressed by blocking suspicious traffic or routing it for review; the ICO also points to data-loss-prevention considerations. These are examples to assess, not universal solutions or guarantees that a particular technique will be adequate.
| Need | Less intrusive starting point | What still needs checking |
|---|---|---|
| Resolve a start-time discrepancy | Check system log-on times and give the worker an opportunity to explain, as in the ICO’s example. | Whether log-on time actually answers the question, and whether the records are limited to that purpose. |
| Investigate suspicious network activity | Consider blocking suspicious traffic or routing it for review rather than broadly recording individual activity. | Whether the control addresses the specific risk and what information the review process captures. |
| Protect company data | Assess data-loss-prevention controls and other security measures matched to the data and threat. | What data is monitored, who can access alerts and records, and how long they are retained. |
What does Flock Safety have to do with workplace surveillance?
Flock Safety is relevant as a case study in the governance of collected data, not as an employee-monitoring vendor. The sources reviewed describe Flock’s automated license-plate reader (ALPR) network as collecting vehicle location information in public places. That is a different system and context from monitoring workers’ screens, keystrokes or webcams; it does not prove that workplace monitoring is equivalent to Flock’s network.
Rank #4
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In a 2026 analysis, the American Civil Liberties Union (ACLU) described Flock’s network as containing more than 120,000 ALPRs nationwide. The ACLU reported that Flock announced a change in standard retention from 30 days to seven days, alongside a case-linked Evidence Mode that can preserve data beyond the default period. The ACLU regarded the shorter default as a possible improvement but questioned which records Evidence Mode preserves and what that means for the practical retention period.
Flock’s company trust page says, “Every search is recorded and tied to a specific user,” and “Sharing only happens if an agency chooses to participate.” These are company representations, not independent audit findings. They describe safeguards and agency choices, but do not settle civil-liberties concerns about access, retention or how information may be used.
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A Senate Judiciary Committee hearing summary records concerns from Senator Dick Durbin and witnesses about collection, access and the possible identification of vehicle occupants. It also recounts Pinal County Sheriff Ross Teeple’s explanation that his department ended its Flock contract after community concerns and answers he found inadequate. Those are statements and accounts in a hearing summary, not a court’s legal findings. Separately, a 2026 press release from Senator Adam Schiff’s office said a Washington Post analysis found at least 50 officers charged or accused of misusing the system. That is a second-hand figure combining charges and accusations, not a finding that every named person was guilty.
The lesson for workplace IT is narrower and more useful than treating all monitoring as the same: default retention, exceptional preservation, access controls, auditability and sharing rules all shape the risks of a data-collection system. Leaders should be able to explain and govern each of them before collecting worker data.
What should an employee-monitoring policy make clear?
- The specific purpose and the lawful basis where applicable.
- Which workers, devices, data types and time periods are in scope.
- How collection is limited and what less intrusive alternatives were considered.
- Who can access records, how access is recorded, and how exceptions are approved.
- How long records are kept, when they are deleted and how the policy is reviewed.
- How workers can ask questions or challenge an inference that does not reflect their work.
A written policy is useful only if actual settings and practice match it. Review the deployed configuration as well as the policy text, especially when a vendor changes default retention, access or data-sharing features.
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