What is ‘workplace surveillance’?
Monitoring = surveillance. Yet, different laws apply to different types of surveillance¹.
The NSW workplace surveillance laws apply to:
Camera surveillance,
Computer surveillance, and
Tracking surveillance.
Camera Surveillance
Camera surveillance is defined² as being “surveillance by means of a camera that monitors or records visual images of activities on premises or in any other place”.
Camera is also defined² as including “an electronic device capable of monitoring or recording visual images of activities on premises or in any other place”.
Computer Surveillance
Computer surveillance is defined² as meaning “surveillance by means of software or other equipment that monitors or records the information input or output, or other use, of a computer (including, but not limited to, the sending and receipt of emails and the accessing of Internet websites)”.
Tracking Surveillance
Tracking surveillance is defined² as meaning “surveillance by means of an electronic device the primary purpose of which is to monitor or record geographical location or movement (such as a Global Positioning System tracking device)”.
Be aware! Other laws (such as the Surveillance Devices Act 2007) also apply to other types of surveillance, such as using listening device or using a camera to record a private conversation. These laws must also be followed.
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¹Long title, WS Act
²Section 3, WS Act