In this article, you’ll find out the key elements of an employee monitoring policy and learn tips on creating the ethical monitoring policy.
As many organizations have transitioned to hybrid and remote work models, employee monitoring is becoming even more popular than ever before. And while organizations have the right to monitor employee activity to ensure productivity, compliance, and data security, it needs to be done ethically.
These concerns could be addressed through the implementation of an ethical employee monitoring policy, which will both respect employee privacy and provide the data management needs.
In today’s article, we’ll review the major concerns around employee monitoring, discuss key elements of an ethical monitoring policy, and give tips on how to create it.
Why Monitor Employee Activity?
If you decide to monitor activity of your employees (for example, by deploying cutting-edge employee monitoring software), you may benefit from this decision in several ways:
- Improving employee productivity & performance. Employee monitoring helps pinpoint potential employee productivity issues and gain better understanding of their underlying causes. The software collects and summarizes activity data such as productive time, start and end of the workday, visited websites and used applications, etc. This information reveals work patterns, inefficiencies, areas for improvement, and employees who may need additional support. You can then provide targeted feedback to address any specific issues in order to increase employee productivity and improve their performance.
- Enhancing resource management. Employee monitoring helps identify inefficiencies in work processes. Close monitoring and analysis of employee work activity allows you to allocate resources more effectively.
- Boosting employee accountability. When employees are aware they’re being monitored, they’re less likely to violate established policies, use unauthorized software, or slack off. Thus, employee monitoring helps hold employees accountable for their actions.
- Increasing data security. Employee tracking software can help IT security officers detect suspicious employee computer activity, such as unauthorized access attempts, violations of the company security policies, or visits to risky websites. Activity tracking helps organizations identify potential threats early and proactively protect sensitive company data.
- Ensuring IT compliance. Employee monitoring helps managers ensure that employees don’t engage in anything that could have legal consequences for the company. For example, monitoring user activity lets you check to see if employees handle sensitive information in accordance with the GDPR or HIPAA. We’ve already covered data privacy compliance that you can check out if you want to get a more in-depth understanding of privacy compliance laws.
Is Employee Monitoring Legal?
Are there any negative consequences to violating the ethics of employee monitoring? Besides damaging the relationship with the workforce and inevitable decrease in employee productivity, excessive and unethical employee monitoring can be an actual cause of legal complications. And while companies often envision compliance with data protection laws to be the aim of employee monitoring, the very process of monitoring may raise concerns regarding employee privacy and data security. Unreasonable collection of employees’ personal data and its misuse might be the reason for organizations facing lawsuits and fines.
If we’re looking at the United States, state and federal laws there govern the ways in which employers can monitor employees. The Electronic Communications Privacy Act (ECPA) of 1986, along with other common laws, protects employees from invasion of privacy. However, there is the “Business Purpose Exception” that allows employers to use monitoring methods for legitimate business reasons.
It’s important to understand the employee monitoring laws in your state or country and incorporate them into the organization’s employee monitoring policy. It would be wise to seek legal counsel in order to ensure the policy meets federal and state laws. You could also take a look at our legal note on employee monitoring laws and the article on the U.S. monitoring laws. This way, you’ll protect your company, management and employees from privacy violations or improper monitoring techniques.
Is Employee Monitoring Ethical?
While employee monitoring can serve legitimate purposes we’ve covered above, there is a fine line employers must not cross if their aim is to maintain the trust and good relationships with their employees. If you want to establish ethical employee monitoring, we recommend you check our article on the ethics of employee monitoring.
Here are some of the most pressing employee monitoring ethical issues:
- Invasion of privacy. Monitoring solutions can track a wide range of employee activity, from keystrokes and emails to web browsing history and even webcam footage. Employees could deem these practices as intrusive, potentially risking to undermine employee trust and create a sense of constant observation.
- Deteriorating employee wellbeing. Rigorous monitoring can make work uncomfortable for employees, leading to heightened levels of stress and anxiety among them. The knowledge that management is constantly watching their every activity at work can contribute to feelings of distrust, unease, and self-consciousness in employees. They may also lose confidence and motivation to perform their work well, which will inevitably result in lower job satisfaction and increased stress in the future.
- Trust issues. When employees don’t understand the scope of monitoring and the nature of the information being gathered, they may feel like the management is spying on them. In the long term, this can lead to a toxic work environment, a decline in loyalty and commitment, and poor employee retention within the company.
- Personal data misuse. Data officers in your organization may mishandle the data collected during the monitoring. There’s also a risk of unauthorized access and exposure of sensitive personal data.
- Discrimination and bias. Without a carefully drafted monitoring policy, managers could display unfair or prejudiced practices during the monitoring of employees. For example, there’s a risk specific employees or groups will be unintentionally discriminated based on their age, gender, race, or nationality. It can lead to a hostile work environment and will inevitably have a negative impact on diversity and inclusion within your organization.
What Is an Employee Monitoring Policy?
An employee monitoring policy is an official set of guidelines an organization uses to define how they monitor employees’ work activities and user behavior to ensure employee activity on company-owned devices is appropriate and productive. A workplace monitoring policy helps minimize data security risks and provides insights into employee productivity.
Effective employee monitoring policies should clearly explain when, where, and why employee monitoring takes place. Such open communication increases employee morale, calms their nerves regarding privacy at the workplace, and gives them clarity in terms of employer expectations.
10 Best Practices: How to Create an Ethical Employee Monitoring Policy?
We’ve already shared with you tips on how to create a great employee attendance policy. Today, we want to focus on the more general aspect of workplace policies.
Keep in mind that every organization is unique and has its own needs and specific requirements, which employee monitoring policy should match. There are, however, several key steps that help ensure the monitoring policy is ethical, no matter what form it takes. Let’s take a look at 10 tips we’ve compiled to make matters easier for you.
Tip 1. Clarify the Reasons for Employee Monitoring
When it comes to monitoring employees at work, most of them feel anxious once they learn about it. It’s important to reassure your employees that your decision to implement monitoring has nothing to do with mistrust. An ethical monitoring policy should include reasons behind it that protect and help both employer and employee.
Your policy should emphasize the positive aspects of employee monitoring and how it will improve the employee experience. For example, benefits of employee monitoring include a more balanced workload and protection of sensitive data from malware and other hacking attempts. Monitoring employee work activity also gives managers a better understanding of how and when employees are most productive, which employees are over- or underworked and what apps and websites are most and least useful.
Explaining to employees the goals of monitoring and why it is important for everyone in the company builds trust and relieves anxiety. When you inform your employees that monitoring is about making the workplace better for everyone, they’ll be more likely to respect and follow the policy.
Tip 2. Draft a Detailed Employee Monitoring Policy
The policy concerning employee monitoring outlines the rules and guidelines for workplace tracking within your company. This policy should depict the procedures and tools you are using for monitoring employees.
Make sure your employee monitoring policy covers the following points:
- Who is monitored?
- What devices and activities are monitored?
- Who is authorized to perform monitoring?
- How will employees be notified about the monitoring?
- What is the purpose of monitoring?
- How will the data gathered during monitoring be used?
- How will the privacy of monitored employees be ensured?
- How will the data collected be secured and stored, and for how long?
The monitoring policy serves as the foundation for enacting proper employee monitoring ethics, providing a structured approach and guaranteeing compliance with legal requirements.
Tip 3. Define Acceptable Monitoring Practices
Once you’ve decided what data will be monitored and how, your next step should be to focus on setting proper boundaries in order to prevent excessive tracking. The key here is to ensure employee privacy is respected, even in a monitored environment.
Monitoring should serve a legitimate purpose, such as ensuring employee safety or adhering to legal frameworks. Concentrate solely on monitoring work-related activities. Any employee monitoring practices implemented without employee consent are prohibited.
Take a look at the comparison table below:
Acceptable Employee Monitoring Practices | Unacceptable Employee Monitoring Practices |
Monitoring internet usage to ensure compliance with company policies | Recording personal phone calls without explicit consent unless legally permitted |
Tracking company-owned devices for security reasons | Reading personal emails or private messages on company or personal devices |
Using employee monitoring software to ensure employee productivity and protect sensitive data | Using invasive tools for video surveillance covertly without valid justification |
Focusing on work-related data, such as web & application usage or keystrokes during work hours | Tracking employees (including using GPS to monitor their location) outside of work hours without a legitimate reason |
Tip 4. Make Monitoring Policy Transparent
Effectively communicating your intentions to implement an employee monitoring policy is crucial for ensuring its successful rollout. When employees understand the rationale behind monitoring, they are more likely to support its adoption. A well-documented policy should be written in a way that’s easy for all employees to understand. It should also be readily accessible, for example, as part of onboarding materials. Remember that employees who are unaware of the purpose and scope of monitoring may view it as invasive. Ideally, you should also get your employees’ written consent to being monitored.
Tip 5. Limit the Scope of Monitoring
Make sure that you only monitor what’s essential for achieving your purpose, be it enhancing security, increasing employee productivity or boosting business process efficiency. Ensure clear boundaries between employees’ professional and personal lives. Monitoring should be restricted to work-related activities only. For this, you might need to limit monitoring to specific work-related resources or carry it out only during work hours. Your monitoring activities should be strictly related to legitimate business needs. Whenever possible, you should avoid collecting employees’ personal data.
Tip 6. Be Mindful of the Data You’re Collecting
When collecting data, it’s crucial to define in a clear and concise way what information is required for your specific business objectives. This way, you’ll avoid the accumulation of unnecessary data, which can complicate privacy management. Employing data minimization techniques ensures that only the essential information for a particular purpose is gathered, significantly reducing potential data privacy risks.
Another important point to keep in mind is that the more personal data you collect, the stronger security measures you need in order to protect it.
Tip 7. Educate Employees on Monitoring Policies
To foster a healthy workplace environment, you need to educate your employees about the monitoring policies. Discussing these policies helps ensure that employees understand what is being monitored, why it is necessary and how it benefits both the company and them.
You could achieve this understanding through training seminars that will clarify the scope and purpose of the monitoring, as well as explain the legal basis for it, the types of data being recorded, and the security measures in place to protect this data.
It’s also important to highlight how monitoring aligns with broader company values and objectives, such as ensuring a safe work environment for everybody and enhancing employee productivity.
Tip 8. Engage Employees in Developing the Policy
Engaging employees in the process will show your team that you value their input. You could achieve this by engaging employee representatives in developing the employee monitoring policy, for example, by creating a task force to ensure a collaborative effort.
Moreover, you could create channels for employees to ask questions and share any potential concerns to encourage open dialogue and feedback.
You should also be aware of the fact that most jurisdictions require employees’ explicit consent for monitoring, especially its more intrusive forms, such as keystroke logging or webcam recording. Signing a written agreement is the most convenient way to obtain employee consent.
Tip 9. Ensure Fair and Consistent Monitoring
The ethics of employee monitoring require consistent enforcement of monitoring policies to all employees. If you decide to monitor only certain employees, they may feel like you don’t trust them or discriminate against them, becoming resentful of you or their colleagues who aren’t being monitored. Additionally, other employees may start treating them differently, which can deteriorate the workplace climate.
Even if you only want to track the performance of select employees, it’s still better to monitor employees broadly. Such monitoring will give you more insight into the workflows, for example, by revealing inefficiencies and bottlenecks you could be unaware of.
Remember that employee monitoring should be used to identify trends and areas for improvement, not to micromanage employees. Review your monitoring practices on the regular basis to make sure they are fair and effective.
Tip 10. Deploy Dedicated Monitoring Software
When you decide to use dedicated software to monitor various aspects of employee activity, such as internet and application usage, communications, and work hours, you should select a solution tailored to meet your specific business needs.
This process includes identifying key requirements, evaluating different software options, and choosing one that aligns with your organization’s goals and budget constraints. To make matters easier for you, we’ve compared top 10 best employee monitoring solutions to choose from in 2025.
Choose a solution that will allow you to tailor the monitoring to your specific needs. Clearly defining monitoring parameters and objectives helps you foster a culture of trust and collaboration in your organization.
Ensuring Employee Productivity and Protecting Data with Kickidler
A truly ethical employee monitoring policy focuses on building employee trust and providing actionable insights for employers. Kickidler comprehensive employee monitoring platform gives you the data you need to improve productivity and ensure compliance without violating employee privacy.
The platform offers real-time monitoring, enabling you to record employee computer activity along with related metadata, such as names of running applications, titles of open windows, visited websites, and keystrokes.
The following features of the software allow managers to monitor employee activity while respecting users’ right to privacy:
- Online monitoring. Recording employee computer activity in real time ensures every employee is working, providing managers with proof of their work.
- Time tracking. Monitoring attendance and employee work hours helps managers transparent insights and analytics into employee productivity.
- Project monitoring. Analyzing project metrics, such as actual time employees spend on projects and tasks, their workload intensity and productivity levels, as well as financial project performance, helps optimize team performance.
- User activity alerts & notifications on violations. Automating threat detection with a rule-based alert system helps increase employee efficiency and minimize the necessity of disclosing sensitive data to security officers.
- Integration with secure remote work solutions. Monitoring only work-related activities provides managers with data-backed insights into employee productivity, ensuring data security and compliance while maintaining employee privacy.
- UBA. User behavior analytics help get clear insights into work behavior patterns of your employees.
The legal aspect of observing workplace behavior isn’t the only thing you should keep in mind when implementing a solution for employee monitoring. It is equally important to address the ethical implications of monitoring. By following the best practices we’ve discussed in this article, you can easily strike a balance between insightful and ethical employee monitoring within your company.
Dedicated employee monitoring software like Kickidler can help you establish an appropriate level of monitoring with all ethical considerations in mind.