Limitless Worker Surveillance

42 Pages Posted: 13 Mar 2016 Last revised: 29 Apr 2018

See all articles by Ifeoma Ajunwa

Ifeoma Ajunwa

Emory University School of Law; Harvard University - Berkman Klein Center for Internet & Society

Kate Crawford

AI Now Institute; Microsoft Research

Jason Schultz

New York University School of Law

Date Written: March 10, 2016

Abstract

From the Pinkerton private detectives of the 1850s, to the closed-circuit cameras and email monitoring of the 1990s, to contemporary apps that quantify the productivity of workers, American employers have increasingly sought to track the activities of their employees. Along with economic and technological limits, the law has always been presumed as a constraint on these surveillance activities. Recently, technological advancements in several fields – data analytics, communications capture, mobile device design, DNA testing, and biometrics – have dramatically expanded capacities for worker surveillance both on and off the job. At the same time, the cost of many forms of surveillance has dropped significantly, while new technologies make the surveillance of workers even more convenient and accessible. This leaves the law as the last meaningful avenue to delineate boundaries for worker surveillance.

In this Article, we examine the effectiveness of the law as a check on worker surveillance, given recent technological innovations. In particular, we focus on two popular trends in worker tracking – productivity apps and worker wellness programs – to argue that current legal constraints are insufficient and may leave American workers at the mercy of 24/7 employer monitoring. We then propose a new comprehensive framework for worker privacy protections that should withstand current and future trends.

Suggested Citation

Ajunwa, Ifeoma and Crawford, Kate and Schultz, Jason, Limitless Worker Surveillance (March 10, 2016). Recommended Citation. Ifeoma Ajunwa, Kate Crawford, and Jason Schultz, Limitless Worker Surveillance, 105 Cal. L. Rev. 735 (2017)., Available at SSRN: https://ssrn.com/abstract=2746211

Ifeoma Ajunwa (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

Kate Crawford

AI Now Institute ( email )

60 5th Ave
8th floor
New York, NY New York 10011
United States

Microsoft Research ( email )

641 Avenue of the Americas
641 Avenue of the Americas, level 7
New York, NY NY 10011
United States

Jason Schultz

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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