BIG BROTHER AT WORK: IS EMPLOYEE SURVEILLANCE COMPATIBLE WITH LABOUR RIGHTS?

Technology has changed the way people work and the way employers monitor their employees. Employers may use CCTV cameras, screen-recording software, keystroke tracking, biometric attendance systems, location tracking and artificial intelligence (AI) to supervise work. These methods can help protect confidential information and organise work, but they can also affect employee privacy, dignity and fairness. This paper examines whether digital workplace surveillance is compatible with employee rights under Indian law. It uses doctrinal legal research to analyse Article 21 of the Constitution, the Supreme Court’s privacy jurisprudence, the Digital Personal Data Protection Act, 2023, relevant labour legislation and selected principles from the European Union’s General Data Protection Regulation. The paper argues that the main issue is not whether employers should be allowed to monitor work, but whether monitoring is necessary, proportionate, transparent and used fairly. It proposes a practical framework based on purpose-specific monitoring, data minimisation, clear notice, limited retention, human review of consequential decisions and a meaningful process for employees to challenge inaccurate records. It also explains that the DPDP Act has a phased commencement schedule, meaning that its substantive provisions must not be treated as already operative merely because the Act has been enacted. The paper concludes that India should develop clearer workplace-surveillance standards that protect employees without preventing legitimate management and security measures.