Rules about surveillance records¹

The employer MUST ensure that any surveillance record made as a result of the surveillance is NOT used or disclosed UNLESS that use or disclosure is:

  • for

    • a legitimate purpose related to the employment of employees of the employer, or

    • the legitimate business activities or functions of the employer, or

  • disclosure to a member or officer of a law enforcement agency for use in connection with the detection, investigation or prosecution of an offence, or

  • for a purpose that is directly or indirectly related to the taking of civil or criminal proceedings, or

  • reasonably believed to be necessary to avert an imminent threat of serious violence to persons or of substantial damage to property.


Be aware – penalties apply!


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¹Section 18, WS Act

Elizabeth (Liz) Greenwood

Senior Policy Manager, Business NSW

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When surveillance IS allowed – For each type of surveillance