Kritika 
(C): Unsplash
The short answer is that keystroke logging is legal in the US for remote workers with a clear business purpose as long as it is done on company-owned equipment, the company has a valid reason to do so and employees are clearly notified. The actual rule book is provided in the state where the remote employee resides by the employee monitoring laws in that state, with federal rules providing a baseline. That leaves multi-state employers in a precarious situation, however, as they must somehow implement one workforce surveillance policy while simultaneously adhering to a patchwork of others, all of which are similarly trying to get the same thing across in different terms: “Notice first, surveillance second.”
Quick Facts: What Remote Employees Should Know
- The use of the internet is legally permitted on company equipment as well as on company issued equipment when provided with a written policy and notice.
- Personal devices are much more dangerous, and may need explicit permission.
- There is no single national standard (coverage depends on the laws about tracking of remote workers by state)
- Every time you log, your own password or private message could be captured, and you may be liable for data breach,
- Abroad — GDPR and similar regimes are against unmitigated keystroke logging as they consider it as an extreme measure.
State Laws Limiting Workplace Tracking
| State | Core Requirement | What does it mean for employers?What are employers’ implications? |
| California | Detailed Data notices – CPRA. | Must inform for what information is collected, retained, and for what purpose |
| Connecticut | Prior written/electronic notice | Prior to implementing any monitoring software, notice shall be given to the parents.Notice shall be given to parents prior to implementing any monitoring software. |
| Delaware | Provide advance notification and posting on the job site. | A single posting notice along with a notification for each employee. |
| New York | Signed Acknowledgment + posted notice | New employees are to sign an agreement to monitor |
The common denominator of these keystroke logging laws is that it is never to be done again – in any circumstances – anywhere.
Employee Privacy Laws for Remote Workers
Legal employee monitoring depends upon the place where the individual logs in from, since the employee is protected by workplace privacy laws in their home state, not where the employer’s office is located. While one of the most obvious remote employee tracking legal risks businesses face is ignoring the distinction, a company with a remote employee in New York would be required to comply with New York’s more stringent employee consent laws.
The Real Risk Isn’t Just Legal
Even if keystroke logging is allowed, privacy groups say that it routinely collects information too that is not related to work, such as banking information and personal emails. This overcollection makes a typical compliance monitoring program at work a very real liability should any of that data be leaked in the event of a workplace data privacy incident.
FAQs
Are personal laptops subject to employers’ control?
Only if expressly and separately agreed to — most employer surveillance policies cleanly only apply to devices issued by the employer.
Is it possible for an employer to keep an eye on their employees’ typing without informing the workers?
No. All of the state laws mentioned above require advance notice; laws against employer monitoring of employees could lead to civil liability for employers.
Are these rules the same for hybrid staffing?
Yes — worker tracking regulations for hybrid workplaces typically follow the rules for workers that work remotely when they log in at home.
Bottom Line
As long as it’s done in conjunction with transparency, keystroke logging can be legal. Prior to rolling out employee tracking software, check the privacy laws for all states where your employees work remotely.
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