Are there any laws concerning the use of computer-based systems to monitor employee performance?

Yes, Virginia does have laws that regulate the use of computer systems to monitor employee performance. The Virginia Computer Crimes Act protects employees from unlawful monitoring. Specifically, the law states that employers may not use computer systems to: intercept or monitor communications between employees or between employees and third parties, or collect personally-identifiable information without the express authorization of the employee in question. Additionally, employers cannot use technology to access employee work product after that work has been completed. Further, the Virginia Electronic Communications Privacy Act prohibits employers from reviewing an employee’s electronic communications without prior consent or a reasonable expectation that such monitoring would be necessary to maintain the security of the system. This act also includes protections for employee privacy, ensuring that employers cannot monitor, collect, or store employee data that would expose personal information or activities without prior consent. In Virginia, employers are legally obligated to disclose to employees which computer systems are in use, what types of information are collected, and how it is used. Any software in use must have its purpose and purpose-use explicitly disclosed. Virginia employers must also provide employees with a method to opt-out of any monitoring or collection that could be considered invasive or excessive.

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Are there any laws concerning the use of computer-based systems to monitor employee performance?

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