When surveillance IS allowed – For all types of surveillance
It is important to note that surveillance is only lawful if certain rules are followed.
The rules relating to all types of surveillance are set out below.
The rule = 14 days’ written notice must be given first¹
You must not start surveillance of an employee without having first given notice in writing to that employee at least 14 days in advance.
An email counts as written notice².
That notice must contain³ the following information:
the type of surveillance to be carried out (camera, computer or tracking),
how the surveillance will be carried out,
when the surveillance will start,
whether the surveillance will be:
continuous or intermittent, and
for a specified limited period or ongoing.
Exceptions to the rule about notice
Exception #1 – For a shorter period (by agreement)⁴
An employee may agree to a period of notice that is shorter than 14 days.
Exception #2 - Surveillance for other purposes (by agreement)⁵
Surveillance of an employee is taken to comply with the requirements of this Part if:
the employee (or a body representing a substantial number of employees at the workplace),
has agreed to the carrying out of surveillance at the premises or place,
where the surveillance is:
taking place for a purpose other than surveillance of employees, and
carried out in accordance with that agreement.
Exception #3 - New employees⁶
If surveillance of employees at work is either:
• already in place when an employee is first employed, or
• due to commence less than 14 days after an employee is first employed,
the notice to that employee must be given before the employee starts work.
Exception #4 – applicable to camera surveillance⁷
Notice is not required if the camera surveillance being conducted at the employer’s workplace is not a usual workplace of the employee.
Be aware – penalties apply!
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¹Subsections 10(1) & (2), WS Act
²Subsection 10 (5), WS Act
³Subsection 10(1), WS Act
⁴Subsection 10(2), WS Act
⁵Section 14, WS Act
⁶Subsection 10(3), WS Act
⁷Subsection 10(6), WS Act