BETWEEN FLEXIBILITY AND CONTROL : LEGAL IMPLICATIONS OF WORKPLACE SURVEILLANCE IN REMOTE WORK ENVIRONMENT
AUTHOR – B.S.KEERTHANA, STUDENT AT THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, SCHOOL OF EXCELLENCE OF LAW (SPECIALIZED IN CONSTITUTIONAL LAW AND PROPERTY LAW)
BEST CITATION – B.S.KEERTHANA, BETWEEN FLEXIBILITY AND CONTROL : LEGAL IMPLICATIONS OF WORKPLACE SURVEILLANCE IN REMOTE WORK ENVIRONMENT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 788-795, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT:
The emergence of remote work as a dominant mode of employment, particularly following the COVID-19 pandemic, has intensified the use of digital surveillance tools by employers to monitor remote employees. This paper provides a legal, technological, and ethical analysis of remote workplace surveillance, focusing on the implications for employee privacy and the adequacy of existing legal frameworks. Through a doctrinal and comparative legal methodology, the research examines laws in India, the United States, and the European Union, highlighting the fragmented and underdeveloped nature of Indian legislation in contrast to the GDPR’s comprehensive safeguards. Key issues explored include informed consent, the proportionality of surveillance, data protection obligations, and the evolving notion of a reasonable expectation of privacy in a home-based work environment. The paper argues that without clear legislative guidance, remote surveillance practices risk infringing upon fundamental rights and eroding trust in employer-employee relationships. It also underscores the ethical responsibility of employers to adopt transparent and minimally intrusive monitoring practices. The study concludes by recommending legal reforms aimed at establishing clear surveillance standards, protecting employee autonomy, and aligning Indian privacy law with international best practices to ensure a rights-respecting framework for the digital workplace.
KEYWORDS: Remote workplace regulation, surveillance law, Monitoring Technology, Privacy compliance, Data privacy Rights, Labour Law and Technology.