AI-powered surveillance is a new norm in the modern workplace that monitors the performance of workers through advanced surveillance and data tracking technologies. Most are unaware of the fact that AI-powered surveillance can, among many other things, log keystrokes and mouse movements, activate webcams and microphones, and in some cases even track the facial expressions and body movements of the general workforce. With these technologies, employers are able to reach performance-driven assessments of workers’ activity and productivity levels, motivation and success chances, as well as predict emotions, mood and stress levels. Against this background, the paper will conduct a comparative review of worker privacy rights in Europe and the United States to examine how privacy laws respond to the emergence of AI-powered surveillance in the workplace. The aim is to assess where both legal systems draw the line between the fair use of productivity-enhancing technologies and the unfair use of privacy-eroding technologies. In the European context, the paper will focus on the general right to privacy in Article 8 of the European Convention of Human Rights, as well as the more specific privacy and data protection provisions that are set out in the General Data Protection Regulation. In the American context, the paper will assess the privacy protections found in the Fourth Amendment of the United States Constitution, the general privacy torts, as well as in relevant federal and state legislation.