Can You Spy on Your Employees?
It is not unusual for companies to install closed-circuit television (CCTV) cameras on their premises. Most of the time, it’s about security and loss prevention, particularly if valuables or cash are involved.
In some offices though, overzealous or micromanaging bosses often use CCTV to monitor if their staff are actually doing work or slacking off. Workplace surveillance of this sort is nothing new, but some employers do insist on their staff maintaining a level of professional conduct in the workplace.
However, during the shift to working from home, new ways of surveillance have appeared. Of course, bosses can’t install CCTV cameras in an employee’s home. Instead, they can use computer monitoring tools to tell if their staff are productive at home when they’re supposed to be working.
These tools are far more than just keyloggers and internet history tracking. They can take periodic screenshots, record mouse movements, and even activate the webcam and microphone without the employee’s knowledge. Some software can even track what music you're listening to, facial expressions, or tone of voice. Critics of such software deplore how intrusive they have become and the potential harm these technologies may cause.
At the heart of the issue is the right to privacy, especially when the lines between work and home have been blurred by remote working. Do employers have the right to track employees when they are working from home? Or even when they are working in the office, for that matter?
Really, the question is: is all of this surveillance legal in Malaysia?
Is Employee Monitoring Legal?
Before anything else, a disclaimer: Nothing here should be construed as legal advice. If in doubt, consult your lawyer!
CCTV in the Office
With that having said, let’s first tackle the issue of workplace monitoring using CCTV in the office.
Guidelines issued by the Malaysian Personal Data Protection Department state that he use of CCTV at the workplace is for “crime detection and prevention.” But at the same time, it states that CCTV “cannot be misused for other purposes such as staff monitoring.”
For workplace monitoring purposes, employers can assess if a worker is acting in a way that could harm the business and decide what course of action to take. Furthermore, in case a break-in or other crime occurs, CCTV recordings can be used as evidence.
In practice, office workers will have to put up with CCTV monitoring one way or another. The only place where a CCTV camera cannot be installed is in the bathrooms, as that amounts to a gross violation of privacy.
Software Monitoring at Home
The legal position of software surveillance tools is much murkier. This sort of monitoring is so new that no clear guidelines on its use yet exist. Still, a survey shows that 78% of companies do use employee monitoring software.
Companies justify the use of monitoring software for teams that manage sensitive data, such as medical records, financial accounts, or even confidential company data to ensure they are handled properly. Some companies also say that they use remote surveillance to track employee wellbeing, given the stress of the pandemic and working from home.
Nevertheless, privacy concerns do arise over how the data is stored and used. In Europe, enforcement under the notoriously strict General Data Protection Regulation (GDPR) has seen a raft of fines being handed out to companies that either go too far in their employee surveillance, or use recorded data inappropriately.
In Malaysia, the equivalent legislation is the Personal Data Protection Act (PDPA) 2010, which is nowhere near as strict. It is also largely novel in the area of employee monitoring, given that no fines or other enforcement actions have yet been taken by the relevant authorities.
Realistically though, employers should give notice to their employees that monitoring software is being used – if it isn’t already stated in the employment contract or employee handbook. Etiquette and usage policy guidelines should also be provided by the company. If a dispute happens, the guidelines can at least inform the employee that they are being monitored and a usage breach has occurred.
Perhaps You Can, But Should You?
Employee surveillance is nothing new – the supervisor standing on the shop floor is the classic example. But as the nature of work changes, the nature of employee monitoring has changed in response.
Furthermore, as work becomes even more remote and atomized, a growing subset of AI and algorithms is also tracking workers’ productivity. Advanced tracking software can now assign ‘productivity scores’ or ‘wellness scores’ to remote employees. This area of technology is largely untested, with critics citing arbitrary metrics and “having to look busy for stats” as reasons to curtail AI monitoring. Microsoft implemented a similar system, but had to back down and apologize after heavy criticism from employees.
While there are legitimate security reasons for monitoring the physical or virtual workplace, doing so for productivity reasons takes a psychological toll on employees. Research on call centre agents shows a direct correlation between surveillance levels and stress. And stressed-out employees are not productive employees.
But when employed for a purpose that is focused on particular performance measures and is well defined and effectively communicated, remote monitoring can be somewhat beneficial. Any surveillance that is carried out may be paired with transparent performance management policies, staff compensation, and benefits to promote higher levels of productivity. It should be combined with good, sensible management practices to improve underperforming employees.
Ultimately, surveilling employees implies that the company does not trust its workforce. This highlights a problem with company culture, as trust between leadership and employees is critical to an organization’s success. Trust means there is mutual respect, honesty, and psychological safety among the people in the business. Consequently, they will be more eager to go above and beyond for the company since they are proud of where they work. Additionally, trust in the workplace promotes employee security, which lowers turnover.
Empower Not With Surveillance, but With BrioHR
When building a strong, productive team, you don’t have to monitor their work. Instead, empower them by making routine HR tasks easier. BrioHR’s cloud-based, mobile-ready app makes applying for leave, expense claims, performance reviews, and even onboarding tasks simple for both employees and managers alike.
With 9 powerful modules, BrioHR’s software covers the entire employee journey from recruitment to onboarding, payroll and claims, to performance and analytics, and more.
This enables business owners and HR teams to truly focus on what matters most – people.
Visit briohr.com and get a free demo now.
It is not unusual for companies to install closed-circuit television (CCTV) cameras on their premises. Most of the time, it’s about security and loss prevention, particularly if valuables or cash are involved.
In some offices though, overzealous or micromanaging bosses often use CCTV to monitor if their staff are actually doing work or slacking off. Workplace surveillance of this sort is nothing new, but some employers do insist on their staff maintaining a level of professional conduct in the workplace.
However, during the shift to working from home, new ways of surveillance have appeared. Of course, bosses can’t install CCTV cameras in an employee’s home. Instead, they can use computer monitoring tools to tell if their staff are productive at home when they’re supposed to be working.
These tools are far more than just keyloggers and internet history tracking. They can take periodic screenshots, record mouse movements, and even activate the webcam and microphone without the employee’s knowledge. Critics of such software deplore how intrusive they have become and the potential harm these technologies may cause.
At the heart of the issue is the right to privacy, especially when the lines between work and home have been blurred by remote working. Do employers have the right to track employees when they are working from home? Or even when they are working in the office, for that matter?
Really, the question is: is all of this surveillance legal in Malaysia?
Is Employee Monitoring Legal?
Before anything else, a disclaimer: Nothing here should be construed as legal advice. If in doubt, consult your lawyer!
CCTV in the Office
With that having said, let’s first tackle the issue of workplace monitoring using CCTV in the office.
Guidelines issued by the Malaysian Personal Data Protection Department state that he use of CCTV at the workplace is for “crime detection and prevention.” But at the same time, it states that CCTV “cannot be misused for other purposes such as staff monitoring.”
For workplace monitoring purposes, employers can assess if a worker is acting in a way that could harm the business and decide what course of action to take. Furthermore, in case a break-in or other crime occurs, CCTV recordings can be used as evidence.
In practice, office workers will have to put up with CCTV monitoring one way or another. The only place where a CCTV camera cannot be installed is in the bathrooms, as that amounts to a gross violation of privacy.
Software Monitoring at Home
The legal position of software surveillance tools is much murkier. This sort of monitoring is so new that no clear guidelines on its use yet exist. Still, a survey shows that 78% of companies do use employee monitoring software.
Companies justify the use of monitoring software for teams that manage sensitive data, such as medical records, financial accounts, or even confidential company data to ensure they are handled properly. Some companies also say that they use remote surveillance to track employee wellbeing, given the stress of the pandemic and working from home.
Nevertheless, privacy concerns do arise over how the data is stored and used. In Europe, enforcement under the notoriously strict General Data Protection Regulation (GDPR) has seen a raft of fines being handed out to companies that either go too far in their employee surveillance, or use recorded data inappropriately.
In Malaysia, the equivalent legislation is the Personal Data Protection Act (PDPA) 2010, which is nowhere near as strict. It is also largely novel in the area of employee monitoring, given that no fines or other enforcement actions have been taken by the relevant authorities.
Realistically though, employers should give notice to their employees that monitoring software is being used – if it isn’t already stated in the employment contract or employee handbook. Etiquette and usage policy guidelines should also be provided by the company. If a dispute happens, the guidelines can at least inform the employee that they are being monitored and a usage breach has occurred.
Perhaps You Can, But Should You?
Employee surveillance is nothing new – the supervisor standing on the shop floor is the classic example. But as the nature of work changes, the nature of employee monitoring has changed in response.
Furthermore, as work becomes even more remote and atomized, a growing subset of AI and algorithms is also tracking workers’ productivity. Advanced tracking software can now assign ‘productivity scores’ or ‘wellness scores’ to remote employees. This area of technology is largely untested, with critics citing arbitrary metrics and “having to look busy for stats” as reasons to curtail AI monitoring. Microsoft implemented a similar system, but had to back down and apologize after heavy criticism from employees.
While there are legitimate security reasons for monitoring the physical or virtual workplace, doing so for productivity reasons takes a psychological toll on employees. Research on call centre agents shows a direct correlation between surveillance levels and stress. And stressed-out employees are not productive employees.
But when employed for a purpose that is focused on particular performance measures and is well defined and effectively communicated, remote monitoring can be somewhat beneficial. Any surveillance that is carried out may be paired with transparent performance management policies, staff compensation, and benefits to promote higher levels of productivity. It should be combined with good, sensible management practices to improve underperforming employees.
Ultimately, surveilling employees implies that the company does not trust its workforce. This highlights a problem with company culture, as trust between leadership and employees is critical to an organization’s success. Trust means there is mutual respect, honesty, and psychological safety among the people in the business. Consequently, they will be more eager to go above and beyond for the company since they are proud of where they work. Additionally, trust in the workplace promotes employee security, which lowers turnover.
Empower Not With Surveillance, but With BrioHR
When building a strong, productive team, you don’t have to monitor their work. Instead, empower them by making routine HR tasks easier. BrioHR’s cloud-based, mobile-ready app makes applying for leave, expense claims, performance reviews, and even onboarding tasks simple for both employees and managers alike.
With 9 powerful modules, BrioHR’s software covers the entire employee journey from recruitment to onboarding, payroll and claims, to performance and analytics, and more.
This enables business owners and HR teams to truly focus on what matters most – people.
Visit briohr.com and get a free demo now.
