Is Your Employer Spying on You? The Truth About Bossware

What is bossware?

Bossware is an umbrella term describing a vast array of employee surveillance technologies and remote tracking apps. Actually, the name “bossware” is a nickname derived from the software's similarities with spyware.

Although, not “malicious” in the hacker sense, in the technical sense it is exactly the same thing. Just like spyware, it can record the programs you use, the websites you visit, your email content, who you're writing to, the files you open, and much more.

But “spyware” doesn't sound so friendly, does it? This is why the majority of these surveillance apps market themselves as “productivity software”.

As far as we're concerned, the answer to the question “what is bossware?” is simple. Employee monitoring "productivity software" or “remote tracking” is just spyware dressed in a suit.

These big brother-esque apps are sold to companies under the guise of monitoring tools that will track performance and increase employee engagement. Some remote tracking apps even go as far as to say they improve employee well-being.

But when has someone constantly looking over your shoulder ever felt good?!

In fact, a recent study shows that “excessive monitoring has negative psycho-social consequences”. This includes stress, a decrease in motivation to work, and decreased job satisfaction, all leading to high workforce turnover. Another study found that monitored employees were actually more likely to “break the rules” because of a diminished sense of agency and moral responsibility.

Implementing a monitoring system in the workplace can actually demotivate employees as they feel resentful, dehumanized, more stressed, and underappreciated. Why, then, do businesses use monitoring software?

Why do businesses use bossware?

The main selling point of bossware apps is to increase employee productivity. But as we've just seen, this isn't always the case.

What these apps fail to acknowledge is that not all work is done on a keyboard or even on a device. How much someone types or doesn't type, isn't a reliable indication of their productivity or lack thereof. And if they are getting acceptable work done in a timely manner, then what does it matter if they check their Facebook every once in a while?

Sure, there can be valid use cases for surveillance tools. Closely monitoring how many hours an employee spends on a particular project can be useful for budget management, payroll, and billing. Real-time remote tracking can keep staff safe in hazardous or emergency situations.

For companies that deal with highly sensitive or confidential data, bossware can help ensure they meet their legal obligations. Monitoring software can also help with fair workload distribution and resource allocation, and help avoid employee burnout.

BUT when you look at how some of the software providers actually market their products, you begin to see another side to the story. For example, check out the language used by Kickidler, one of the most invasive bossware apps on the market.

Image source: Hoody screenshot

With phrases like “identify rogue employees in your company and catch them in the act right away”, Kickidler clearly aren't in it to empower employees and improve their well-being. Neither is Interguard, who market their app as an aid in “covert investigations”. In these cases, bossware providers are pushing the need for monitoring software because “employees can't be trusted”.

If you don't feel resentful, paranoid, or violated yet, you soon will...

What can your employer see with bossware?

The functionality of bossware varies depending on the particular app. The more basic remote tracking apps will simply track what programs are being used and for how long. But on the other end of the scale, bossware can record pretty much everything an employee does on their device.

Here's an example of the type of data bossware can capture:

• Tools or apps used
• Websites visited and time spent
• Search engines queries
• Email and instant message metadata
• Email and instant message content
• Live video footage of screen or screenshots
• Mouse clicks
• Exact keystrokes
• Any audio recordings made via your microphone
• Any photos taken via your webcam
• Location (via GPS)
• Printer activity

Bossware applications can even activate your webcam or microphone remotely and record you without your knowledge. In fact, many of these digital watchdogs have an invisibility function allowing them to secretly monitor your every move, every minute of the working day.

If you've searched for anything personal, sensitive, or medical, or perhaps you've just received an email from a recruiter, your employer will see it. What about that rant you had about your boss in a private chat with a colleague? Yep, you've guessed it, they'll see that too.

Some employee monitoring and remote tracking apps work in a more “visible” way allowing employees to delete screenshots that they don't want to be included in their record. But this may affect their time tracking, or raise suspicions from managers and result in even greater scrutiny and stress.

Of course, this only applies if your employer actually tells you that they are using monitoring software and gives you access to it.

How to tell if your boss is spying on you with remote tracking

If you're using a company-issued computer, laptop, or smartphone it is very possible that bossware has been pre-installed. A survey by Digital.com showed that 60% of companies with remote workers are already using monitoring software and a further 17% are considering it.

And if it's not already on your device, your employer may instruct you to install remote tracking software manually. This type of visible surveillance means employees are complicit in their own monitoring. This may include clocking in and out of the app, and when you're “clocked in”, the app captures all sorts of information.

However, not all bossware needs your input or your consent for that matter. And there is very little you can do about it. We'll get to that later.

So, if you haven't been duly informed, how can you tell if your employer is monitoring you?

You can check the background processes via Task Manager (Windows) or Activity Monitor (MacBook). For any unknown programs, a quick online search will tell you if it's bossware or not. If it is, don't uninstall it. This will alert your IT team, which will only restart it remotely. And probably tell your boss.

But remember, bossware can be made invisible. So just because it doesn't pop up on the list, doesn't mean it's not there.

Also, check your employment contract or company handbook. Often there will be some paragraph about employee monitoring neatly tucked away in the reams of onboarding paperwork.

Failing that, you can always ask the IT department if remote tracking is in use.

But once you know for sure that you're boss is indeed spying on you... Is there anything you can do about it? Unfortunately, no. Read on.

Is bossware legal?

Yes. Monitoring an employee's work device is legal in most parts of the world. This includes screen capture, keylogging, audio, and video recording.

In the EU, companies can do so as long as they can prove “legitimate interest” and the monitoring is work-related. Additionally, in order to comply with GDPR, companies must inform their employees prior to any monitoring. But consent isn't necessarily required.

Across the pond, stateside, only New York, Connecticut, and Delaware have laws about informing employees of monitoring prior to the act. But employee monitoring in all its forms is legal throughout the country.

Oh, and by the way, it's not just your work-provided computer or device. It is also legal to monitor an employee's personal device if that device is used for work purposes.

The privacy concerns of bossware

Forgetting the absolute ruin of autonomy, dignity, and trust in the workplace, bossware has huge privacy implications. Employee surveillance technology presents a window into people's homes and private lives, and as yet, is largely unregulated by governments.

Invisible remote tracking apps can capture everything you do without your knowledge. This means that if you happen to check your personal email, social media accounts, or bank balance on your work computer, then all of your passwords will be recorded.

And if you've been asked to install remote tracking bossware on your own personal devices, then you inadvertently give access to all of your personal files as well as the ones you use professionally.

This isn't just an invasion of your privacy but a massive security risk.

Should your employer or the monitoring software provider experience a data breach, your personal accounts could be affected putting you at risk of identity threat, financial loss, or worse.

How can I protect my privacy at work?

Currently, there is very little an individual can do when it comes to stopping employee monitoring. The law is entirely on the employer's side. But as we've seen throughout history, just because something is legal, doesn't make it right.

There are organizations in the EU, the UK, and the USA all lobbying for better worker protection but until laws are changed, there are very few things you can do to stop employee surveillance.

You could always get a new job with an employer that respects your privacy! But with unemployment and inflation soaring hand-in-hand, that isn't the most practical solution.

The most simple thing to do to protect your privacy is to not do anything personal on your work-provided PC, laptop, or smartphone.

If you need to complain about your boss, don't do it by email or on the company Slack channel. Better yet, don't do it using the work device at all.

And unless you've been explicitly told to allow video monitoring, cover your webcam.

If you want to connect with friends or family during work hours, or check your social media, do it using a personal device.

Of course, if you've been asked to install remote tracking and monitoring software on your personal device, then this won't help you. In that case, you could maybe ask your employer to provide a work-specific device to allow you to keep your personal and private data separate.

It's also a good idea to leave the room to make personal calls. You might be home alone, but microphones can be switched on remotely without your knowledge.

If you feel comfortable doing so, have a conversation with your employer about their monitoring processes. Find out what information they collect, how it's used, and if there is another, less invasive, way of collecting such data...one that doesn't violate your privacy!

Hoody is here to help you protect your privacy. For more insights, news, tips, and views from across the privacy landscape, check out more from the Hoody Privacy Hub.