Stay Informed: Workplace Electronic Surveillance Trends in 2024
Electronic monitoring is now a reality for most workers, with AI even influencing hiring decisions.
Technology advancements have ushered in a new era of workplace surveillance, propelled by the proliferation of artificial intelligence (AI). From tracking employees’ locations and restroom breaks to taking random screenshots of laptop screens and gauging mood during shifts, AI-enhanced surveillance technology is being increasingly deployed in Canadian workplaces. However, experts caution that existing laws in Canada are struggling to keep pace with these developments.
Valerio De Stefano, Canada research chair in innovation law and society at York University, highlights that electronic monitoring is now a reality for most workers, with AI even influencing hiring decisions. Automated hiring, already prevalent among Fortune 500 companies in the United States, involves AI making autonomous decisions or providing recommendations on hiring, retention, and discipline.
Bea Bruske, president of the Canadian Labour Congress, points out the intrusive nature of some surveillance methods, such as tracking every movement of warehouse workers with mini-computers. Despite the growing prevalence of AI-powered worker surveillance, there is little comprehensive data on its extent in Canada.
70% of Remote Workers Under Digital Monitoring: Examining Workplace Surveillance Trends
A 2022 study by the Future Skills Centre revealed that 70% of surveyed employees and supervisors working remotely experienced some form of digital monitoring. While workplace privacy laws exist, they offer considerable leeway for employers to monitor employees. Electronic monitoring has evolved to include tasks like listening to casual conversations between workers, facilitated by the enhanced capabilities of AI.
Although some industry insiders advocate for the benefits of AI in navigating rapidly changing workplaces, concerns persist regarding its potential for bias and discrimination in hiring processes. While proposed legislation such as Bill C-27 aims to address some of these issues, critics argue that it lacks explicit worker protections and won’t take effect immediately. Ontario has taken steps to require employers with 25 or more employees to have a written policy on electronic monitoring. However, experts assert that these measures still fall short of providing adequate protection for workers’ privacy rights.
Private Investigators: Exploring a New Niche
Calls for more robust regulation and consultation with workers underscore the need for a balanced approach to workplace surveillance. Society has to urge governments to distinguish between monitoring performance and implementing intrusive surveillance practices. In fact, with suggestions to outright ban certain technologies like “emotional AI” tools.
According to www.ontario.ca as of 2023, employers in Ontario with 25 or more employees are required to have a written policy on the electronic monitoring of employees in place. This policy is aimed at ensuring transparency and informing employees about the use of electronic surveillance in the workplace. Employers are encouraged to develop comprehensive policies that balance the need for monitoring with protecting employee rights and privacy.
Employers with 25 or more employees as of January 1 annually are mandated to institute a written policy regarding electronic monitoring of employees. This policy must expressly indicate whether electronic monitoring is conducted by the employer and should encompass:
- A description of the methods and situations under which electronic monitoring of employees occurs.
- The intended purposes for which the employer may use the information obtained through electronic monitoring.
- The policy’s creation date (comprising day, month, and year) and any subsequent amendments.
- Within specified timeframes, employers must furnish a copy of this policy to all employees and assigned personnel.
According to ESA requirements, employers do not give employees a right to avoid electronic monitoring, nor introduce novel privacy entitlements for employees. The ESA mandates only require certain employers to be transparent about whether they conduct electronic monitoring.
If employers undertake such monitoring, they should:
- Outline the methodologies and scenarios under which monitoring transpires.
- Specify the intended purposes for utilizing information garnered through electronic monitoring.
These requirements regarding written policies on electronic employee monitoring pertain to all ESA-covered employees and employers, excluding entities such as the Crown, Crown agencies, or entities with members entirely appointed by the Crown and their personnel.
At the same time, remote workers, home workers, and those who work outside the office experience hidden surveillance. Additionally, this monitoring applies to employees who are on layoff, on a leave of absence, or on strike and others.
Electronic monitoring tools for remote workers can encompass various technologies and software designed to track and monitor work-related activities. Some common tools and methods used by employers to monitor remote workers include: Time Tracking Software, Employee Monitoring Software, Communication and Collaboration Platforms, GPS Tracking and others.
Empowering Workers: Data Control and AI Decisions in the Workplace Surveillance
Ultimately, workers need to control their data and participate in decisions regarding AI technologies. Obviously, they must ensure their rights and well-being in a workplace under increasing monitoring.
Workers, both in and out of the office, may experience several problems due to surveillance. These can include loss of privacy, decreased morale, increased stress, reduced productivity and lack of trust.
Constant monitoring can make workers feel like someone is watching their every move. In fact, it is leading to a loss of privacy and increased stress.
Surveillance can erode trust between workers and management, leading to a negative work environment and potential conflicts within the team.
Overall, constant surveillance can have detrimental effects on workers’ psychological and emotional well-being, as well as their job satisfaction and performance.
Consider giving a call to Private Investigations Plus.
Certainly, it makes sense for workers to consider consulting a private investigator. If they suspect someone is unfairly surveilling them or if they need assistance in gathering evidence to support their claims.
A Private Investigator can provide expertise in uncovering surveillance tactics. Indeed, PIs are identifying the responsible parties, and gathering evidence in a discreet and professional manner. Additionally, they can offer guidance on legal options and potential courses of action.
Contact Investigations Plus today to address the surveillance issue effectively!
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