Workplace privacy can diminish while there is an increasing number of phones, watches, laptops, vehicles and other technology provided to staff. Many of which have the capacity to track an individual’s location or usage of the technology.
This raises many issues.
Can your phone be used to track your location to confirm how long you really spent at a client meeting or if you really lay in bed all day on a sick day? Can your online activities be tracked to see how much of your day was spent on Facebook?
In New South Wales there are only three ways in which your employer can legally surveil you:
1. Where you agree to it
But only where the agreed surveillance is used for a purpose other than monitoring employees. For example retail workers might agree to have cameras located within a store for the purposes of store security.
2. Where they notify you
The employer must state precisely what monitoring steps are to be taken. As well as when, where and for how long the monitoring will continue. This does not give free reign to employers, and even if notice is given, employers must still comply with various minimum standards including:
- Signage must be used where camera surveillance is being conducted.
- Vehicles or other ‘things’ must be marked where they are being used to monitor the location of employees. This doesn’t mean every phone or device with location services needs to be marked, as long as the employer does not have access to that location data.
- Surveillance of any kind cannot occur when an employee is not at work.
- Monitoring of internet or computer use can only be conducted in accordance with a workplace policy.
3. By application to the Local Court
In certain extreme cases an employer might be granted an exemption by the Local Court to undertake ‘covert’ surveillance where they have reasonable grounds to believe that an employee is engaged in some illegal activity whilst at work.
JFM Law are experienced in all aspects of workplace law, including workplace privacy and surveillance. If you are concerned that your employer is monitoring you in a way that breaches your privacy, contact JFM Law on (02) 9199 8597 for a no obligation chat. If you would rather get in contact through email, send your question through or by email at wehelp@jfmlaw.com.au
The information contained in this post is current at the date of editing – 04 April 2024.