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IT leaders should stop broad, routine employee surveillance and approve monitoring only when a specific, documented need cannot be met with a less intrusive control. That does not mean all workplace monitoring is unlawful or unjustified. It means a tool’s availability—or a general desire to measure activity—is not enough to justify collecting more data about workers.
Flock Safety offers a useful governance case study, but not a direct workplace-monitoring comparison: its automated license-plate reader network records vehicles in public places, and the sources discussed here do not identify Flock as an employee-monitoring vendor.
What counts as employee monitoring?
Monitoring includes more than cameras pointed at a worksite. The UK Information Commissioner’s Office (ICO) describes practices ranging from CCTV, webcams and screenshots to keystroke logging, productivity tools, internet activity, location devices and hidden audio recording. It can be systematic or occasional.
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Why is Flock relevant—and why is it not the same thing?
Flock Safety operates an automated license-plate reader (ALPR) network that collects vehicle-location data in public places. That is distinct from software used to monitor employees. Flock should not be presented as proof that workplace monitoring is equivalent to public-space vehicle tracking, or that its system has been legally classified as mass surveillance. Its relevance is narrower: it illustrates how retention periods, access rules, sharing and exceptions shape the risks of a data-collection system.
In a 2026 analysis, the American Civil Liberties Union (ACLU) described Flock’s network as including more than 120,000 ALPRs nationwide. The ACLU reported that Flock had announced a reduction in standard retention from 30 days to seven days, alongside an Evidence Mode that can preserve data beyond the default period. The ACLU regarded the shorter default as a possible improvement but questioned how Evidence Mode would work and which records it would preserve. The announcement and the criticism are distinct claims; neither, by itself, establishes how every participating agency handles data.
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Flock says searches are logged and tied to a specific user, and that agency sharing happens only when an agency chooses to participate. Those are the company’s stated policies, not independent audit findings. Separately, 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 contract after community concerns and answers he found inadequate. These are concerns and statements presented in a hearing account, not a court’s findings.
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A 2026 press release from Senator Adam Schiff’s office said that a Washington Post analysis found at least 50 officers charged or accused of misusing the system. The figure combines charges and accusations, and the press release is not the underlying analysis; it should not be treated as a finding that every allegation was proven.
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When can workplace monitoring be justified?
A business purpose is a starting point, not a blank cheque. The ICO advises employers to identify a clear purpose and lawful basis, consider necessity and fairness, and choose the least intrusive way to meet the need. Its guidance puts the principle plainly: “Just because a form of monitoring is available, does not mean it is the best way to achieve your aims.” That is UK regulator guidance; the relevant legal test depends on where the employer and workers are located.
For example, if an employer needs to investigate a discrepancy in start times, the ICO suggests checking system log-on times and giving the worker a chance to explain, rather than deploying automatic webcam images. The less intrusive option may answer the question without collecting images of workers or their surroundings.
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Security also needs a clear distinction: controls that protect systems and data are not automatically the same as monitoring designed to measure individual activity. The ICO points to options such as blocking suspicious traffic or routing it for review, and to data-loss-prevention considerations. No single technique is adequate for every organisation or threat; the control should fit the risk being addressed.
How should IT leaders assess a proposal?
Use these questions to compare a proposed monitoring method with less intrusive alternatives. They are practical evaluation axes based on regulator guidance, not a single legal test that applies in every jurisdiction.
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| Assessment area | Questions to answer |
|---|---|
| Purpose | Is the goal security, safety, legal compliance, timekeeping or performance management? What specific risk or operational problem is being addressed? |
| Necessity and intrusion | Can a less intrusive method achieve the same goal? Could collection capture home life or personal activity? |
| Scope and data | Which people, devices and data fields are included? How frequently is information collected, and can the scope be narrowed? |
| Access and retention | Who can view records? Is access logged? How long is data kept, and who can approve an exception? |
| Transparency and fairness | Will workers receive an understandable notice? Can they challenge an inference or explain activity that system records do not show? |
| Governance | Is the lawful basis documented? Is a data protection impact assessment (DPIA) appropriate? Are review and deletion schedules defined? |
What should an approval process require?
- Write down the specific need. Describe the risk or operational purpose, the decision the data will support and why existing controls are insufficient.
- Compare less intrusive options. Assess whether a narrower system, a targeted review or a non-monitoring control can meet the need. Record why the selected method is necessary.
- Set collection boundaries. Define the people, devices, data fields and frequency in scope. Exclude unrelated information wherever possible.
- Limit access and duration. Name who may see records, log access where appropriate, define a deletion schedule and set a process for approving exceptions.
- Explain the practice to affected workers. State what is collected, why, who can access it and how long it is retained. Consider worker or representative input before deployment.
- Assess privacy impact and local duties. Consider whether a DPIA is appropriate and obtain jurisdiction-specific legal advice. The ICO guidance is UK-specific and says it is under review following the Data (Use and Access) Act.
- Review whether the system still earns its place. Set a review date and check whether the purpose remains valid, the collection is proportionate and the retention and access rules are being followed.
Can an employer monitor workers at home, or is it illegal?
There is no universal yes-or-no answer. Whether a particular practice is lawful depends on the jurisdiction, the purpose, the data collected, notice and other circumstances. Working from home does not make every form of monitoring automatically unlawful, but collection that reaches into a worker’s home or personal activity raises an important intrusion question and should be assessed against less intrusive ways to meet the stated need.
In the UK, the ICO’s guidance calls for a clear purpose and lawful basis, necessity and fairness, appropriate notice, and collection limited to what is needed. Because the ICO says its guidance is under review after the Data (Use and Access) Act, employers should check current local requirements rather than treat this summary as legal advice. Workers elsewhere should consult the rules that apply in their jurisdiction.
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