Understanding workplace surveillance in NSW
Workplace surveillance has become increasingly common, reflecting a growing need for employers to ensure productivity, security, and compliance within the workplace. However, workplace surveillance must be handled carefully to comply with legislative requirements. This article will guide employers on the dos and don’ts of implementing workplace surveillance in NSW.
What is workplace surveillance?
Workplace surveillance includes a range of monitoring activities such as video surveillance, computer monitoring, tracking employee emails, and using location-tracking devices. In NSW, the Workplace Surveillance Act 2005 (NSW) (WS Act)
governs the use of such surveillance measures.
The Dos
- Provide prior notice
- Employers must provide employees with at least 14 days written notice before commencing surveillance.
- The notice must indicate the kind of surveillance, how the surveillance will be carried out, when the surveillance will start, whether the surveillance will be continuous or intermittent and whether the surveillance will be for a specified period or ongoing.
- Comply with additional requirements
- Cameras used for surveillance must be clearly visible in the place where the surveillance is taking place and there must be clearly visible signs notifying people that they may be under surveillance.
- Computer surveillance must be carried out in accordance with a policy on computer surveillance of employees at work and the employee must have been notified and aware of the policy.
- Tracking surveillance must not be carried out unless there is a clearly visible notice on the vehicle (or other thing) indicating that it is the subject of tracking surveillance.
- Use surveillance justifiably
- Surveillance of change rooms and bathrooms is prohibited.
- Computer surveillance is prohibited while an employee is not at work (unless the device was provided by or at the expense of the employer).
- There are restrictions on blocking emails or internet access.
- Secure surveillance data
- There are restrictions on the use and disclosure of surveillance records. Store surveillance data securely and limit access to authorised personnel only.
The Don’ts
- Don’t conduct covert surveillance
- Covert surveillance, where employees are unaware they are being monitored, is generally prohibited unless a court order is obtained for specific investigations.
- Don’t use surveillance data incorrectly
- Any data obtained through surveillance should only be used for the purpose communicated to employees.
- Employers should consider their obligations under privacy laws. Regular audits should be conducted to ensure compliance with data protection regulations.
- Don’t neglect to review policies
- Surveillance policies should be regularly reviewed and updated in accordance with changes in legislation, technology, and organisational needs.
Conclusion
Properly implemented surveillance measures enhance workplace security and productivity without compromising employee rights.
Non-compliance with the WS Act can result in serious penalties for employers. For in-depth insights and practical advice to help your organisation meet its obligations, contact the team at Emplawyer.
