A rise in remote work and fewer employees in traditional office settings has set off a wave of queries from people wondering if their phones are safe for personal use — or if they are being monitored by managers the same way laptops are being used to track productivity.

So can your job track what you are doing on your phone, including how much time you are or aren’t devoting to your work?

The answer is complicated, but The Hill has broken down the main points you need to know about your rights and what your job can expect when it comes to mobile device surveillance.

Can my employer track my phone?

Essentially, yes, as they have the legal right to do so if it’s a company phone.

Like any other company device, an employer can use phones to monitor the activity of their employees, including their call history, the content of their emails and text messages and which apps they use. 

An employer can also track your personal phone under certain circumstances. First, the company has to receive consent from the employee allowing the employer to monitor their personal device. 

Bossware: Your employer may be tracking you during remote work

An employer may also monitor an employee’s personal phone if they’re using company-provided apps like Slack. 

“I would assume that everything you do within a work application like Outlook or Teams, as well as anything over the office wifi, is monitored,” said Mike Sexton, a senior policy adviser for cyber at Third Way’s national security program.

Is it worth it to have a work phone and a personal phone?

From an employer’s standpoint, having control of all the devices an employee uses for work helps with security matters, Sexton said.

It is still helpful even though it could be expensive and labor-intensive as well as inconvenient for some employees. 

“On the other hand, as an employee, having a designated work device can help compartmentalize their work and personal digital environments and improve cyber hygiene and policy adherence,” he added. 

What spyware is used to track a phone?

Employers can use a variety of spyware to monitor their employees, including InterGuard, Mobile Spy and Spyzie. 

These spywares can look into phone call history, text messages, emails and browsing history. Spyzie can also track employee activity and their work schedule.

What can my employer track?

Employers can also track if employees are using their time efficiently and not slacking off on the job. 

More companies are installing software that detects keystrokes and clicks on computers which could determine whether and how much employees are working. 

Last year, a Canadian accounting firm ordered one of its employees to repay for “time theft” after she was allegedly not working when she claimed to be.

The firm used a tracking software that concluded that she was conducting personal tasks while she was supposed to be working, CBS News reported. 

The employee initially sued the accounting firm for wrongful termination and asked her former employer to pay her $5,000 in unpaid wages and severance pay. The firm countersued and sought over $2,600 in wages for the hours she wasn’t working. 

Ultimately, the court dismissed her claim and sided with the firm, ordering her to pay about $1,500. 

What does spyware track?

Spyware is a type of malware that is installed on devices to spy on users and monitors their activity. 

Cybercriminals and certain governments have used this type of malware to collect personal and sensitive information including bank account details, Social Security numbers, email addresses, phone numbers and login credentials. 

Governments have also used the malware to spy on dissidents, journalists and human rights activists. 

Pegasus is known to be one of the most invasive spyware often used to spy on political opponents and government officials. The spyware is manufactured and sold by Israeli firm NSO Group.

“For Pegasus, there is no limit to what it can track, any data the phone has can be siphoned away,” Sexton said. “All your messages, pictures and videos, location, all the data in every application; it can also turn on your camera and microphone to literally see and hear you.” 

“Pegasus even monitors battery life and adapts to avoid draining it too much,” he added.