As employees return to the workplace following the Covid-19 pandemic, it is timely to consider how the increased employee monitoring and surveillance often put in place for remote working environments now impacts monitoring employee’s conduct in the workplace. How much surveillance is too much? Are you getting the balance right?
Installing cameras and other surveillance equipment in the workplace is generally lawful provided it does not breach an employee’s privacy. The Workplace Surveillance Act (NSW) regulates when and how employers can use cameras and other surveillance equipment to monitor and record employees in the workplace. Section 10 of the Act requires employers to give their employees 14 days’ notice prior to commencing surveillance, or a lesser period if the employee agrees. The notice must include the following:
- The kind of surveillance to be used – i.e., camera, computer or tracking;
- The purpose of the surveillance;
- The places the surveillance will be carried out;
- What the information collected will be used for; and
- The scope of the surveillance, including when the surveillance will start and finish, and whether it will be ongoing or for a specified period.
Other matters to be borne in mind by employers include:
- Employers must have a policy in place regarding workplace surveillance and must act in accordance with the policy;
- If using cameras, cameras must be visible and there must be signs notifying people they are under surveillance; and
- For tracking, there must be a notice or visible warning that puts employees on notice that they are under tracking surveillance.
There is also some surveillance which is strictly prohibited. This includes:
- Carrying out surveillance of an employee in any change room, toilet facility or shower at a workplace.
- Carrying out surveillance of an employee when the employee is not at work.
If you need any assistance with policies and procedures on workplace monitoring, please give us a call on 4944 3322.
