Company monitoring of telework employee: CNIL alerts

During the health crisis, teleworking has modernized and spread widely in companies. Some employers have set up monitoring mechanisms to monitor their employees in telework, but some measures are considered excessive by the National Commission for Informatics and Freedoms (CNIL).

In its annual report published on May 11, 2022, the CNIL takes stock of 2021 and presents the challenges of 2022. These include monitoring the means of control that employers put in place for their employees working from home and combating potential abuses.

Cases of abuse of surveillance on the rise

The National Institute of Statistics and Economic Studies (INSEE) notes that more than one in five employees worked remotely in 2021. This new way of working has been accompanied by an increase in the abuse of controls by employers. Supervision at work has thus become one of the main grounds for complaint to the CNIL.

In its annual report, the CNIL mentions that for 2021, more than 83% of complaints received about employee surveillance relate to video surveillance devices at work.

Excessive monitoring methods

The increase in cases of abuse of control is explained by the multitude of means available to employers to monitor the activity of their employees:

• Keystroke logger on the keyboard;
• Geolocation;
• Video surveillance (via webcam).

In addition, some employers require their employees to use their cameras for the entire working day. This practice is illegal since the permanent supervision of an employee only takes place in exceptional cases duly justified in view of the nature of the task. All constant monitoring devices such as the requirement to activate your camera or microphone throughout your working time, the permanent sharing of the screen or the keystroke recording tools are not allowed.

Furthermore, in its questions and answers on telework, the CNIL points out that, when it is not possible to blur the background, the employer cannot require an employee to activate his camera permanently during a videoconference meeting except in special cases such as an HR interview or a meeting with external clients.

The CNIL noted that complaints about this type of abuse concern small companies without a legal department or a data protection officer (DPO).

What if I am a victim of this abuse?

An employer wishing to monitor the activity of his employee must use means that are proportionate and do not unduly impair the respect of the employee's rights and freedoms, in particular the right to privacy.

In addition, the employer must inform the employee of the means he uses to collect information about him.

If this is not the case, the employee may refer the matter to the Labor Inspectorate or send a complaint to the CNIL which may demand or sanction the employer.

Thus, the CNIL also ensures that professionals are informed of their rights and obligations.