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Comply with Workplace Privacy Act 2011 (ACT)

ACT employers must follow ACT workplace surveillance + privacy framework.

highcurrentongoingCriminal liability

Who must comply

Employers in the ACT that conduct surveillance of workers, where 'worker' is defined broadly in s 7 (not only employees). Surveillance by agreement (s 19) and surveillance for workplace security (s 36 defences) are treated separately.

What triggers it

Introducing or changing optical, data or tracking surveillance of workers, blocking workers' email or internet access, or seeking to conduct covert surveillance to investigate suspected unlawful activity.

When due

Written notice at least 14 days before surveillance starts (or a shorter agreed period, or before a new worker starts); consultation throughout the notice period; a covert surveillance authority lasts no more than 30 days, and the employer must report to the court within 30 days after it ends.

Evidence required

Written surveillance notices or policy covering every s 13(4) item; consultation records; data surveillance and computer-use policy and evidence workers were notified; camera signage at each entrance; tracking notices on vehicles; blocking notices; secure storage and access controls for surveillance records; covert surveillance authority, supervisor appointment and post-authority report.

Max penalty

Offences under the Act include up to 20 penalty units for not complying with notified surveillance requirements (s 18), 50 penalty units for covert surveillance without an authority (s 35), for surveillance in prohibited non-work areas (s 41) and for surveillance of workers not at work (s 42), and 50 penalty units for misuse or disclosure of surveillance records (s 22). Inspectors under the Work Health and Safety Act 2011 can issue enforcement notices

Who must comply with this? The applicability test by industry, business structure and size.

Summary

The Workplace Privacy Act 2011 (ACT) regulates how employers conduct optical (camera), data (computer, internet and email) and tracking surveillance of workers. An employer may only conduct surveillance in a workplace after giving each worker written notice, at least 14 days in advance unless the worker agrees to less, stating the kind of device, how and when the surveillance will be conducted, who will be watched, whether it is continuous or ongoing, and how records may be used (s 13). The employer must consult the worker in good faith during the notice period (s 14). Cameras must be clearly visible with signs at each workplace entrance (s 15); data surveillance must follow a written computer-use policy the worker has been made aware of (s 16); tracked vehicles must carry a visible notice (s 17). Surveillance in toilets, change rooms, parent rooms, prayer rooms, sick bays and first-aid rooms is an offence, as is surveillance of workers outside the workplace apart from employer-provided equipment (ss 41-42). Covert surveillance requires a Magistrates Court authority.

Source legislation

Topics

privacyworkplacesurveillanceact

Related

Frequently asked questions

Who must comply with Workplace Privacy Act 2011 (ACT)?
Employers in the ACT that conduct surveillance of workers, where 'worker' is defined broadly in s 7 (not only employees). Surveillance by agreement (s 19) and surveillance for workplace security (s 36 defences) are treated separately.
What triggers Workplace Privacy Act 2011 (ACT)?
Introducing or changing optical, data or tracking surveillance of workers, blocking workers' email or internet access, or seeking to conduct covert surveillance to investigate suspected unlawful activity.
When is Workplace Privacy Act 2011 (ACT) due?
Written notice at least 14 days before surveillance starts (or a shorter agreed period, or before a new worker starts); consultation throughout the notice period; a covert surveillance authority lasts no more than 30 days, and the employer must report to the court within 30 days after it ends.
What is the maximum penalty for Workplace Privacy Act 2011 (ACT)?
Offences under the Act include up to 20 penalty units for not complying with notified surveillance requirements (s 18), 50 penalty units for covert surveillance without an authority (s 35), for surveillance in prohibited non-work areas (s 41) and for surveillance of workers not at work (s 42), and 50 penalty units for misuse or disclosure of surveillance records (s 22). Inspectors under the Work Health and Safety Act 2011 can issue enforcement notices
What evidence is required for Workplace Privacy Act 2011 (ACT)?
Written surveillance notices or policy covering every s 13(4) item; consultation records; data surveillance and computer-use policy and evidence workers were notified; camera signage at each entrance; tracking notices on vehicles; blocking notices; secure storage and access controls for surveillance records; covert surveillance authority, supervisor appointment and post-authority report.

Source: https://www.legislation.act.gov.au/a/2011-4/. Rules Mate is not a law firm. Always verify against the live regulator source before acting.