Data Privacy and Employee Monitoring: GDPR and US State Rules Explained
Employee monitoring collects personal data - and personal data has legal rules. In the EU, the GDPR governs how employers may process employee data. In the United States, a patchwork of state laws is growing. The gap between "monitoring is legal" and "monitoring is compliant" is where employers get into trouble. This guide explains the core privacy requirements, the US state landscape, and a practical approach that works in both worlds. GDPR Basics for Employers Under the GDPR, employee monitoring must satisfy several requirements: - Lawful basis: usually legitimate interest, balanced against employees' rights - Transparency: employees must be informed, before monitoring starts, about what is collected and why - Proportionality: collection must be the minimum needed for a stated purpose - Data subject rights: employees can request access to their data, and in some cases rectification or erasure - Retention limits: data must not be kept longer than necessary Na...