Monitoring Computer Use at Schools and Workplaces: Why Is It Legal?

Computer monitoring refers to observing and tracking computer activity with the help of software or hardware tools. It may include keylogging, tracking and blocking visited websites, screen recording, email monitoring, webcam surveillance, and other practices. Computer monitoring is typically used in schools, workplaces, government agencies, and public spaces, such as libraries and internet cafes. Though created with good intentions, it can collect much private information about the user. That is why monitoring tools are subject to many debates and often raise privacy and ethical concerns, especially in educational institutions and offices. So, why is it legal for schools and companies to monitor students' or employees' computer use?

The short answer is that they own the devices and have legitimate business interests. Schools and colleges are obliged to maintain a safe learning environment. Companies have the right to protect their property and ensure employee productivity. Let's explore these business interests and how they balance with individual privacy rights.

This article is for informational purposes only. For more details on privacy rights in your area, please consult your legal advisor.

Student and employee privacy is protected by laws that vary across jurisdictions. The European General Data Protection Regulation (GDPR) is the most prominent example of such regulations. It sets strict standards for data protection and privacy rights and applies to any company processing EU residents' personal data.

UK citizens are protected by the Data Protection Act 2018 and the Age-Appropriate Design Code; the Personal Data Protection Act (PDPA) is the privacy law in Singapore. These are only a few examples of regulations that set out the obligations of organizations that collect, use, or disclose personal data.

In the USA, student privacy is protected by the following federal laws:

• Family Educational Rights and Privacy (FERPA) applies to educational institutions receiving federal funding. It prohibits schools from disclosing certain types of student information without parental consent.

• Children's Online Privacy Protection Act (COPPA) prohibits online businesses from collecting personal information from children under 13 without parental consent.

The following laws protect employee privacy:

• Electronic Communications Privacy Act (ECPA) protects employees' electronic communications, such as emails, phone calls, and text messages, from unauthorized access by employers.

• Fair Labor Standards Act (FLSA): While primarily a labor law, the FLSA also protects employee privacy by requiring employers to notify employees before monitoring their work activities.

• Video Surveillance Privacy Act (VSPA) restricts video surveillance in public restrooms and changing rooms.

There may be other federal laws applying to specific situations. Additionally, some states have additional laws that may provide extra protections for employee and child privacy.

These regulations do not contradict computer usage monitoring but may limit its scope. There are no laws completely prohibiting tracking employee or student computers. Educational institutions and businesses can monitor (at least certain aspects of) computer activity as long as they own the monitored device, have legitimate reasons, and inform individuals about tracking.

The school owns the computers and the network, so they have the right to track students' or staff's activities on them. Parents or students in most schools, especially large ones, have to sign a form about monitoring on school-owned devices. But why is tracking legal at all?

Imagine a mother's shock when she discovers her 8-year-old 3rd-grader son plays an adult game on a school-issued device.

This case. A couple of older boys showed the youngster how to search for and play "a cool game" on his device. As the mother explored the device further, she found that her child searched for inappropriate materials multiple times throughout the year, sometimes even during lessons. When the mother contacted the teacher and school authorities about the situation, her requests were ignored. Despite the school not having effective web-filtering and activity-monitoring means, the administration still insisted on using the school-issued device.

This case is the perfect lesson in what not to do. Educational institutions are obliged to provide a safe learning environment, and they should implement all reasonable measures to do so. Tracking students' computer activity is the perfect way to ensure children are safe from the dangers of the Internet. Monitoring software has website- and app-blocking functionality that prevents exposure to harmful or illegal content.

Tracking computer activity also serves to protect against academic dishonesty. Monitoring can help prevent cheating, plagiarism, and unauthorized sharing of assignments. For example, educational institutions can use online proctoring tools during remote tests or exams. These AI-based tools flag suspicious behavior or unauthorized computer use, such as opening a browser or using a copy-paste function.

Finally, by monitoring computer use, schools can identify and address online cyberbullying, harassment, and threats.

Similar to schools, businesses own the computers and the network they provide to their employees. They have the right to protect their intellectual and physical property from unauthorized access and theft.

Employee theft is much more common than one can imagine. Embroker Employee stealing costs American businesses $50 billion every year. Although cash, property, or merchandise are the primary targets for theft, workers can steal a non-material, yet no less valuable asset - time.

Regular late attendance, buddy punching, idling, or reporting more hours than employees actually work cost businesses 4.5 hours per week per employee on average.

Employee monitoring software is specifically designed to track work time accurately and detect time theft. On some occasions, computer activity tracking can even reveal property theft and provide the necessary evidence in cases of internal investigations.

CleverControl , an all-encompassing employee monitoring software, has helped the owner of the beauty salon chain reveal a fraud scheme. The manager of the salon manipulated the records to steal beauty products regularly. Thanks to logs collected by the software, the fraud was revealed.

Lost productivity is another huge problem for businesses that cause them between $450 billion to $550 billion annually. ThreeWill Modern computer monitoring software can analyze productivity, and reveal inefficient work patterns and underperformers, allowing to improve business processes. Maintaining productivity is a legitimate reason for companies to track employee computer usage.

Businesses have the right to use monitoring software to protect themselves from data leakages, ensure compliance with internal security and conduct policies, and prevent harassment and discrimination.

It is completely legal for schools and companies to monitor student and employee usage on school/company-owned devices if they follow their legitimate interests and adhere to applicable privacy regulations. Organizations should balance their business interests with ethical concerns. They can collect only the necessary information and retain it no longer than needed to fulfill their monitoring goals.

Informing employees and students about tracking is a must if you want to maintain trust and avoid capturing private data.