Workplace surveillance is common in the modern workplace and there is a range of technological solutions supporting employers undertaking that activity. However, employers do not have unfettered rights to conduct workplace surveillance and monitoring on an employee’s use of the employer’s or the employee’s communication devices.
Diverse Workplace Surveillance Technologies
In the modern workplace, surveillance technologies have become increasingly prevalent. These include, but are not limited to:
Closed-Circuit Television (CCTV) Cameras: Used for monitoring physical premises and ensuring security.
GPS Tracking: Employed to track the whereabouts of vehicles or personnel, enhancing logistical efficiency.
Technological Applications Monitoring: To oversee and manage employee use of various digital technologies.
Biometric Devices: Such as fingerprint scanners and facial recognition software, are utilized for identity verification and access control.
Mobile Phone Monitoring: This includes the use of ‘location tracking’ applications to monitor employee mobile phone usage and whereabouts.
Cooperative Intelligent Transport Systems (C-ITS): These systems facilitate the exchange of information concerning vehicle location, direction, and speed. Their primary objective is to reduce the likelihood of collisions with other vehicles.
These surveillance technologies are deployed for various purposes, ranging from security and performance management to enhancing safety and efficiency within the workplace.
Benefits of Employee Communication Monitoring
The practice of monitoring employees’ communications can offer several advantages to employers, encompassing:
Performance Management: Monitoring communication can be a valuable tool for tracking and enhancing employee performance.
Misconduct Detection: It serves as a means to identify and substantiate various forms of misconduct. This includes inappropriate behavior, such as bullying through IT systems, criminal activities like fraud, theft of intellectual property or confidential information, and instances of employees diverting business opportunities for personal gain.
Property and Asset Protection: It plays a crucial role in safeguarding the employer’s assets, which may include equipment and intellectual property.
Safety and Worker Well-being: Communication monitoring contributes to maintaining a safe workplace and ensuring the well-being of employees by preventing harmful activities and practices.
Compliance and Evidence: It provides tangible evidence of compliance with regulatory obligations. An example is demonstrating adherence to chain of responsibility obligations outlined in the Heavy Vehicle National Law.
Unlawful monitoring and surveillance may lead to civil liability or criminal sanctions being imposed on the employer and, in some jurisdictions, on executive officers. Unfortunately, there is no consistent set of laws operating across jurisdictions in Australia regulating monitoring and surveillance of the workplace.
Understanding State and Territory Jurisdictions in Australia
It’s essential to recognise the specific state or territory jurisdictions that may apply to your business. Legislation currently in effect across the country encompasses a variety of acts and regulations, including:
- Surveillance Devices Act 2004 (Cth)
- Telecommunications (Interception and Access) Act 1979 (Cth)
- Privacy Act 1988 (Cth)
Australian Capital Territory:
- Listening Devices Act 1992 (ACT)
- Workplace Privacy Act 2011 (ACT)
Northern Territory:
- Surveillance Devices Act 2007 (NT)
- Surveillance Devices Regulations 2008 (NT)
New South Wales:
- Workplace Surveillance Act 2005 (NSW)
- Surveillance Devices Act 2007 (NSW)
- Surveillance Devices Regulation 2014 (NSW)
Queensland:
- Invasion of Privacy Act 1971 (Qld)
- Surveillance Devices Act 2016 (SA)
- Surveillance Devices Regulations 2017 (SA)
- Listening Devices Act 1991 (Tas)
- Listening Devices Regulations 2014 (Tas)
- Surveillance Devices Act 1999 (Vic)
- Surveillance Devices Regulations 2016 (Vic)
- Surveillance Devices Act 1998 (WA)
- Surveillance Devices Regulations 1999 (WA)
Regardless of the applicable State or Territory jurisdictions, it is crucial that employers have a workplace surveillance policy. The policy should outline the provisions relating to workplace surveillance and how information is collected through monitoring or surveillance.
National Employment & Labour Lawyers have a dedicated team who can assist you with any workplace surveillance questions. We offer a free and confidential initial consultation, where we can discuss your situation and provide you with tailored advice.Get in touch with us today!
