While reliance on these devices and systems was intended to encourage employees that workplaces were safer, these mitigation measures by themselves were not enough to prevent the spread of COVID-19 in workplaces. Many of the systems were also expensive and likely took away from resources that could have been used to improve ventilation and air quality, which appear to be more effective at curbing viral transmission. And meanwhile, these systems pose significant privacy risks and subjected employees to increased surveillance in the workplace.
The nature of the employer–employee relationship and the sensitivity of health information make the collection of biometric data in the workplace especially risky. The misuse of health data could lead to adverse employment decisions, discrimination, or exclusion. Despite the risks and potential misuse of this data, employees may be unable or unwilling to protest for fear of losing their jobs. This was especially true early in the pandemic when unemployment was widespread and the financial circumstances for many employees were dire. Any claims that employees have given informed consent to participate in these systems are dubious at best.
The rise of employee health tracking during the pandemic also further entrenched existing power imbalances that impact certain categories of workers. Employers taking an interest in the health of their workers increases scrutiny on workers that have underlying health conditions. These employees could be denied promotion opportunities due to their underlying health condition or could be seen as uncooperative or not devoted to their workplace if they refuse to participate in workplace health monitoring. There are currently no comprehensive data privacy laws that regulate health surveillance in the workplace.
Employers should, however, proactively weigh the risks and benefits of implementing these technologies and be transparent when doing so. Employers should also review their policies and data collection practices to ensure that they do not overextend systems that were specifically adopted in response to the pandemic but may no longer be justified given the current state of public health.