Source: OT-Team(G), 北京青年报, 广州日报
On December 25, the topic "Bosses can monitor employees' WeChat for just 300 yuan" surged to the top of Chinese social media trending lists.
According to media reports, a monitoring software package marketed to corporate users is being openly sold for less than 300 yuan per license. Journalists who investigated the product found that it is developed by a company called Shandong Guxin Software Co., Ltd. Posing as potential clients, reporters contacted the company and were told that trial installations could be arranged.
Company staff explained that the software supports both desktop and laptop computers. While it typically requires the controlling and controlled devices to be on the same local area network, additional configurations allow employers to maintain surveillance even when laptops are taken off-site. By binding devices to a public IP address, monitoring can reportedly continue regardless of location. The software also claims to restrict employees from connecting to other networks, such as personal hotspots, to prevent attempts to bypass supervision.
In hands-on tests, journalists found that all WeChat chat records sent from the monitored computer—including text, images, videos, and files—were fully visible on the control terminal. Content could be previewed or downloaded at will. By enabling "chat auditing" functions, the control terminal was also able to monitor conversations on platforms such as QQ, DingTalk, and Feishu, track browsing data, and activate synchronized screen recording.
Notably, during installation and operation, the monitored computer received no alerts or notifications. Antivirus software failed to flag any risks, and users experienced no pop-ups or visible signs of being monitored. Some netizens commented that similar software had already been installed at their companies, with employees informed in advance. Others argued that such practices constitute a serious violation of personal privacy.
Is Monitoring Employees' Computers Legal?
Legal experts say the answer depends on how the monitoring is conducted. Lawyers note that if an employer installs monitoring software on company-owned desktops or laptops, it must clearly inform employees in writing that office computers are to be used exclusively for work purposes. Employers must also disclose that monitoring measures are in place, specifying their purpose, methods, and scope, and must obtain employees' consent.
Moreover, workplace surveillance must meet standards of reasonableness and necessity. Its purpose should be limited to protecting legitimate corporate interests, and its scope should be strictly confined to work-related activities. In practice, this means collecting only device operation logs directly related to business management, while avoiding the capture of highly sensitive data such as private chat records or personal information. Otherwise, employers may be found to have infringed upon employees' rights to privacy and personal information protection.
A well-known lawyer specializing in data compliance further emphasized that monitoring employees' WeChat or other social media conversations without prior notice violates fundamental rights to freedom and secrecy of communication. Article 40 of China's Constitution explicitly protects these rights. The lawyer said that monitoring employees' social media communications through technical means without their consent constitutes a serious violation of Chinese law.
Prosecutorial Commentary: Workplace Monitoring Must Have Clear Boundaries
In a commentary published by the Procuratorial Daily, authorities stressed that technology itself is neutral; the problem lies in illegal abuse. Reasonable monitoring measures adopted to protect trade secrets or manage work efficiency—such as office CCTV, attendance systems, or restricted network access—are generally understandable and lawful when properly implemented.
However, indiscriminate monitoring of employees' chats, browsing histories, and other personal data clearly exceeds legal and ethical boundaries. While chat records may not always directly equate to personal information, they often contain sensitive details such as names, ID numbers, contact information, addresses, account passwords, financial status, or location data.
Chinese law draws two clear red lines for lawful workplace monitoring. First, informed consent is a mandatory prerequisite. The Personal Information Protection Law requires data handlers to clearly and comprehensively inform individuals—using prominent and easily understood language—of the purpose, methods, and scope of data processing. Treating office computers as "privacy-free zones" and conducting covert, silent surveillance strips employees of their right to know and constitutes illegal monitoring.
Second, the principle of minimum necessity must be upheld. Personal data collection must have a clear and reasonable purpose and be limited to the smallest scope necessary to achieve that purpose. Workplace monitoring should therefore be restricted to work-related scenarios, rather than indiscriminately covering social platforms such as WeChat or QQ, or excessively collecting information unrelated to work.
Some companies' use of "systematic data collection" and continuous screen recording, under the banner of management, effectively amounts to excessive infringement of employee privacy. Such practices not only cross legal boundaries but, in serious cases, may expose employers to civil or even criminal liability.
Legal commentators conclude that addressing the issue requires both clearer definition of lawful workplace monitoring boundaries and stronger regulatory oversight. Authorities must step up supervision and compliance education for enterprises, ensuring that monitoring practices remain proportionate, transparent, and firmly within the law—while safeguarding employees' legitimate rights and interests.
Where should the line be drawn between legitimate workplace management and employee privacy? Do you believe such monitoring practices are ever justified, or do they go too far? Share your views with us.
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