Maximizing Productivity Through Digital Panopticism: Combatting Invasive Employee Surveillance Systems in the Workplace

The United States has experienced rapid advancements in surveillance technology and data collection in the past three decades. Conversely, since the COVID-19 pandemic, remote work opportunities have increased, with many remote workers being subjected to surveillance within their homes. Given the lack of significant statutory measures to safeguard remote employees against incessant surveillance, employers can monitor employees, collect data, and enforce unattainable productivity quotas with little repercussions. Despite these harms, the influx of remote jobs presents significant benefits, especially for states like West Virginia, which faces immense population decline and lacks consistent physical job opportunities. Remote work promotes flexibility and permits employees to move to regions with lower costs of living. In turn, struggling communities experience a revitalization in their population and an overall diversification of their local economy. As a result, in West Virginia, it’s essential to strike a balance between protecting workers from overreaching digital surveillance and making the state an attractive destination for remote talent. Addressing this issue requires examining the surge in productivity surveillance technology and the legal system’s inability to adapt with these changes. Current privacy laws exempt protections within the employer-employee relationship, and traditional privacy jurisprudence often prioritizes the business interests of employers over employees’ privacy rights. While there are potential labor and employment protections that could mitigate the effects of surveillance, they are largely tailored to traditional work settings. Therefore, until Congress enacts legislation that explicitly regulates employee monitoring and data collection, states must intervene to protect their remote workforce and ensure employer compliance.