[xnorswap]

I hate it when companies use this kind of trick to get around legislation or privacy concerns.

"Employees are able to turn off tracking".

Sure, but there is a power imbalance, and employees will come to understand ( although never stated in any handbook ) that the rate at which they disable it will be taken into account in performance reviews.

Just like "unlimited PTO" is not a benefit, because employees self-regulate their use down to less than they'd get if they negotiated a fixed amount.

It's a twisted legal trick to get out of an obligation.