Page 59 - Cyber Defense eMagazine December 2023

Over the years, as president of Hostirian, I’ve strived to foster a work environment where employees can
thrive. As a result, I’ve seen that people perform at their best when they don’t feel constantly watched or
judged.

That said - this approach is quite rare, with supervision having taken the reins. The new reality of being
watched by employers has given way to critical questions about the ethics of monitoring and the impact
it has on workers’ behavior and morale.

To understand the complexities surrounding this issue, we must first inspect the legal framework. The
1986 Electronic Communications Privacy Act (ECPA) is the primary law that allows employers to monitor
their workers’ verbal and written communications - as long as they present a legitimate reason.

The problem here is that it was enacted during a time when digital tech was far different from what it is
today, making its guidelines seem archaic.

To add another layer to the issue, there haven’t been any comprehensive federal laws in the U.S. that
regulate the extent of workplace supervision. This is shocking, considering the strides we’ve made in the
digital space. This legislative vacuum has given employers broad discretion in implementing employee
monitoring programs, sometimes without significant checks and balances.

This lack of surveillance regulation can leave workers feeling vulnerable and overexposed; this can
transform into paranoia and mistrust - a far cry from the transparent and results-based environment many
organizations claim to have.

Numerous studies support the fact that, though surveillance was intended to boost productivity and
maintain integrity, it can produce the opposite effect - stifling creativity and hindering productivity.

An intriguing study from the Harvard Business Review has also found that excessive monitoring can spur
an increase in rule-breaking behaviors among employees. It appears the constant pressure of being
watched can push some individuals to act out as if rebelling against the intrusive supervision.

The psychological implications are the most concerning aspect of employee surveillance. Workers under
constant surveillance have been reported to feel less accountable for their actions, leading to a potential
rise in immoral behavior.

When people feel they’re being controlled, they might exercise less self-control, which leads to a
counterproductive cycle. Employers at this point might find themselves trying to control their employees,
and the employees have a bigger pushback as a response to their employer's controlling behavior.

The ethical considerations surrounding electronic monitoring in the workplace cannot be overstated.
Although illegal, employees have reported hidden cameras in restrooms, and employers now even track
personal computer files, the extent of monitoring has reached alarming levels.

With the ability to oversee practically every movement at the office, often conducted without employee
knowledge, employers wield an unacceptable deal of power over their employees’ privacy.

Cyber Defense eMagazine – December 2023 Edition 59
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