Your employer requires a monitoring app? These are your rights

Short answer: In many places, employers can use time tracking or monitoring software on work devices and during work hours, but they usually have to tell you, explain what they collect and why, and handle that data lawfully. The details depend on your country and, in the US, your state.

This is general information, not legal advice. If you have a specific problem, talk to a labor lawyer or your local labor authority.

Questions worth asking before you install it

1. What exactly is collected? Hours, app and website use, activity levels, screenshots, screen recordings, location.
2. When does tracking run? Only while a timer is on, or the whole workday?
3. Who can see the data? Your manager, HR, clients?
4. How long is it kept, and how can you see or correct your own data?
5. Is there a written policy? Ask for it, and keep a copy.
6. Can you use a work device instead of a personal one? Monitoring software on your personal computer mixes your private life with work.

United States

• Employers generally may monitor work systems and devices for legitimate business reasons.
• Some states require notice. New York (Civil Rights Law section 52-c) requires prior written notice when employers monitor phone, email or internet use, and the employee must acknowledge it. Connecticut and Delaware have similar notice rules.
• Contracts and company policies often say what's allowed on both sides.

European Union (GDPR)

• Monitoring must have a legitimate purpose, be proportionate and collect only what's needed.
• You have the right to be informed about what is collected and why, and to access your data.
• In several countries, works councils or employee representatives must be consulted before introducing monitoring tools.

Colombia

• Ley 1581 de 2012 (habeas data): your personal data can only be processed with prior, informed consent and for a stated purpose; you can know, update and correct it.
• Ley 2121 de 2021 (remote work) and Ley 2191 de 2022 (digital disconnection): you have the right not to be contacted outside working hours, and employers must have a disconnection policy.

Brazil

• The LGPD requires a legal basis, transparency and data minimization, and gives you the right to access your data.

Practical tips

• Keep work and personal life separate: use a work device or a separate user account when you can.
• Close personal apps and accounts while tracking is running.
• Use honest status messages and agree on response times with your team.
• Raise concerns in writing, with HR or employee representatives.

FAQ