Workplace Privacy the ACT Legislates

The ACT Workplace Privacy Act 2011 (No 4 of 2011) is now partially commenced with the remainder coming into force later this year. The key objectives of the Act are to ensure that employers inform and consult with employees on any surveillance that takes place in the workplace, except where:

• The employer is able to demonstrate to a Magistrates Court

• reasonable suspicion that an employee is engaging in unlawful activity, and

• that covert surveillance is necessary to prevent the unlawful activity; and

• the covert surveillance is conducted by a nominated responsible person authorised by the Magistrate

• Surveillance of an area is prohibited on the grounds of an increased expectation of privacy in that area, for example change rooms or prayer rooms.

The Act provides a framework for the conduct of surveillance and limitations on the use of surveillance data, as well as creating a limited right for workers to access data their employers have collected on them through surveillance. Similar legislation has been in operation in New South Wales since 2005.

A recent article posted to Mondaq by Clayton Utz provides valuable guidance on what the Act covers in terms of the surveillance regulated and the type of notice required to be given to employees by employers.

As the use of CCTV and electronic surveillance generally continues to grow in Australia it will be interesting to monitor the development of legislation such as this from the ACT.

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