Can Someone See a Laptop Screen Without Permission?

Company laptops and phones aren’t personal property. So, employers don’t require permission per se from their employees to see what they are doing on these laptops and phones. The laws of different countries aren’t identical, but workplace monitoring or surveillance is legal worldwide.

Since workforces in many industries operate remotely or work from home nowadays, companies can use monitoring and surveillance software or a suite of tools for different purposes, including:

• Accounting
• Administration
• Management
• Operations
• Productivity
• Security

The scope of such surveillance may include personal laptops if the devices are used for official work. However, employers generally need to inform their employees about any software or tools being used on personal devices. Written consent is usually necessary for such monitoring.

Even company laptops and phones are typically put under surveillance after disclosing the fact that such devices will be monitored by the employer. These disclosures and written consent are normally included in the stack of appointment or contract papers of employees and freelancers.

That said, employers aren’t legally obligated to inform their employees or freelancers if they are monitoring company laptops. Consider the example of the 1986 Electronic Communications Privacy Act (ECPA) in the United States. The provisions cover the following privacy concerns:

• Communications: electronic, oral, and wire
• Data: personal information on laptops, etc.
• Storage: personal information in servers, etc.

However, none of these provisions extend to official communications and workplace activities. A company has the right to see what every employee is doing on a laptop during active hours. The surveillance may be 24/7 for company laptops and during work hours for personal devices.

Some companies use surveillance tools that are evident on monitored devices through an active interface, notifications, etc. But employers can use hidden applications, such as remote screen monitoring software. Not alerting an employee can be vital for various types of assessments.

The extent and nature of workplace surveillance and how employers go about monitoring their company laptops and phones may change in the future if the relevant laws are amended or new provisions are included.

For instance, the California Consumer Protection Act doesn’t require employers to disclose their data collection and usage or workplace monitoring practices to their employees. But the law has made it mandatory for all businesses or companies to disclose their policies to consumers.

This exemption for employers is in effect until 2023. The law may not change. But if it does, the employers in California will be legally obligated to disclose more about their monitoring practices to the employees. The Massachusetts Information Privacy Act has similar provisions.

However, neither of these two nor other potential laws seek to prohibit workplace monitoring. The purpose of such evolving laws is to ensure that employees aren’t subject to excessive and unethical surveillance practices.