The question of whether it is appropriate for employers to actively monitor employee behaviour at work is nothing new. However, advances in technology – particularly AI – are transforming both the scale and sophistication of workplace surveillance
Earlier this year, Meta announced plans to track employee mouse clicks and keystrokes to train its AI systems. The company said the data would be used solely for that purpose, but thousands of individuals signed a petition opposing the program’s introduction.
Amid the rise in use of so-called “bossware” to monitor staff, the UK Government has recently launched a consultation on workplace monitoring technologies. The Government acknowledges that the “pace of change raises important questions about trust, fairness and transparency”. It is seeking views on how the UK can be an international leader in the adoption of workplace technologies, while also ensuring employees have a voice in how monitoring software is used.
Research by the Chartered Management Institute in 2025 found that one third of UK employers use some form of software to monitor staff. The figures suggest a significant shift in workplace practices since 2023, when the Information Commissioner’s Office found that less than one fifth of people thought they were being monitored at work.
Navigating the Legal Framework
Employee monitoring can take many forms – including monitoring telephone calls, internet use, emails, tracking software or the use of CCTV. The legal position is far from straightforward – not least because there is no single law that specifically governs workplace monitoring. Employers must navigate a web of regulations, including employees’ right to privacy under the European Convention on Human Rights, data protection legislation and the need for clear workplace policies.
In many cases, employers will have entirely legitimate and understandable reasons for monitoring staff. These may include the protection of staff, theft prevention, quality control, for disciplinary purposes and to ensure that company resources are being used appropriately. However; employers should consider whether employees have a reasonable expectation of privacy in relation to communications or activities being monitored, as well as the requirements of GDPR due to the processing of personal data. GDPR requires employee data to be processed lawfully, fairly and transparently; and to be collected only for specified, explicit and legitimate purposes.
Transparency and Employee Rights
Employers should therefore be clear about what they are monitoring, why they are monitoring it and how the monitoring is being carried out. This will often involve well drafted clauses in employment contracts, together with thorough HR policies to ensure staff are given appropriate notice of monitoring practices. Workers in the UK have a variety of data rights under GDPR that can apply in monitoring scenarios, including the right of access to data and rights relating to the use of automated decision making. Covert recording of employees will typically only be permissible in truly exceptional circumstances, such as where senior management is seeking to prevent or detect suspected criminal activity or gross misconduct.
The technology being used to monitor employees is evolving. The increased levels of home and remote working have inevitably been a factor in the growth of click and keystroke monitoring, whilst advances in AI are making it easier for employers to roll out monitoring software. As technology develops, so must the law. Time will tell if the Government can deliver on its ambition of ensuring that advances in workplace technology are accompanied by fair working practices.
As monitoring tools become more sophisticated and widely available, employers are increasingly faced with questions about where legitimate oversight ends, and employee privacy begins.
*Originally featured in The Scotsman on 20 July 2026: View Article
