Prohibitions on surveillance technology use

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While Section 4.1.c focuses on how monitoring data may be used or restricted once collected, this section addresses union-negotiated limits on the technologies themselves—including bans on particular surveillance tools, prohibitions on activating certain features, and conditions under which technologies may be deployed or accessed. These provisions reflect worker concerns about the intrusive potential of digital systems and aim to prevent harmful uses before they occur by setting clear boundaries on system capabilities, installation practices, and technical defaults.

The examples are organized into two categories:

• Prohibited surveillance technology deployment: Provisions that ban specific types of technologies (e.g., inward-facing cameras, driver-facing audio recorders), require features to be disabled, or constrain deployment based on context or purpose.
• Prohibited surveillance in private or sensitive areas: Clauses that forbid installation or use of monitoring systems in spaces where workers have a reasonable expectation of privacy, such as restrooms, locker rooms, or designated union areas.

Prohibited surveillance technology deployment

Some agreements prohibit the deployment of specific surveillance technologies that are deemed overly intrusive or inappropriate for workplace use. These provisions ban tools such as inward-facing cameras, in-cab audio recording systems, and personal device surveillance, aiming to prevent misuse by disabling or excluding high-risk features before they are activated.

Examples:

• “Personally owned electronic devices will not be used for surveillance.” (AFGE-OPM96)
• “Vehicles may not be equipped with inward-facing cameras.… Further, there shall be no in-cab audio recording or videotaping. Any functionality included in driver-facing cameras (including their driver recording and monitoring functionality) will be disabled and rendered inoperable to prevent recording and monitoring of in-cab activities. Upon request, evidence of the disabled functionality of any driver-facing camera shall be provided to the Package Division.” (IBT-PCBA7)
• “System Administrators/Network Administrators are prohibited from using any automated tools to specifically target an individual user unless the activity is supporting an authorized Law Enforcement/Criminal Investigation.” (AFGE-OPM68)

Prohibited surveillance in private or sensitive areas

Some agreements restrict the use of monitoring technologies in locations such as bathrooms, locker rooms, and other areas where employees have a reasonable expectation of privacy. These provisions aim to protect personal dignity, support health and comfort, and reduce the risk of inappropriate surveillance.

Examples:

• “The [Employer] agrees that the surveillance program will be in public areas where there is no reasonable expectation of privacy. Places where an individual has a reasonable expectation of privacy include: [Bathrooms, Shower areas, Hotel rooms, Locker rooms, Changing rooms, Nursing Mother’s rooms, Wellness rooms (where they exist), and Union Office(s)].” (AFGE-OPM93)
• “Surveillance cameras will not be installed in areas that may violate the privacy rights of employees, i.e., restrooms and break rooms.” (USW-OLMS73)
• “Hidden surveillance equipment [used for investigations] shall not be installed in restrooms or any areas where the use of such equipment would constitute an invasion of employees’ personal privacy.” (SEIU-OLMS46)
• “There will be no monitoring of [Employees] in rest rooms, locker rooms, staff lounges, or other areas where a [Employee] would have a reasonable expectation of privacy unless the Department has a reasonable suspicion of work-related misconduct. In such cases, monitoring will be narrowly tailored to the extent feasible to capture the suspected misconduct.” (NNU-OPM37)
• “The [Employer] shall not use any electronic surveillance devices (including sound, voice or video recording or monitoring devices) to record or monitor employees in areas designed for the health or personal comfort of the employees or for safeguarding of their possessions, such as restrooms and locker rooms. The lounges and break rooms will not be monitored except for specific legitimate security reasons. The expectation of privacy for union activities will be maintained.” (AFGE-OPM38)
• “Any employee who uses the telephone to address customer inquiries may have calls monitored.… If monitoring detects an incoming personal call, the observation will immediately be discontinued. Outgoing personal calls will be made using the employee’s private line.… These calls will not be monitored.” (AFGE-OPM35)
• “The parties recognize that video surveillance or other electronic monitoring may be conducted for a variety of mission support purposes, including but not limited to safety and internal security reasons. To the extent practicable, the [Employer] agrees to respect and protect employee privacy when utilizing video surveillance or other electronic monitoring in carrying out its mission (e.g., positioning cameras in restrooms or changing areas).” (NTEU-OPM22)
• “Video security cameras/electronic monitoring shall not be used in the following areas: private offices of members, locker rooms, changing areas, restrooms, meeting rooms designated break rooms, or other areas prohibited by law.” (SEIU-OLMS48)

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