As many lawyers know firsthand, the legal framework surrounding the use of surveillance devices and workplace surveillance is particularly complex.
Specific legislation applies to regulate the use of surveillance devices in each Australian state and territory. In addition, in New South Wales (NSW), Victoria and the Australian Capital Territory specific laws apply in relation to the surveillance and monitoring of employees in the workplace. Commonwealth laws relating to privacy and law enforcement also apply to regulate the use of surveillance devices.
Advancement in surveillance technologies and the increasing use of workplace monitoring is driving proposals for the modernisation of legislation regulating the use of surveillance devices and workplace surveillance. In NSW, a Parliamentary Select Committee released its Final Report –Workplace Surveillance and Automation – in November 2022. In Queensland, the Government is consulting on reforms to the regulation of surveillance including the use of CCTV, tracking and digital recording devices, and the use of drones in both commercial and recreational contexts. At a Commonwealth level, the review of the Privacy Act 1988 (Cth) has resulted in a number of key proposals that have the potential to impact the use of surveillance devices and the rights of individuals subject to surveillance.
With a complex existing regulatory regime and significant reforms to Australian surveillance device and workplace surveillance laws on the horizon, it can be challenging for lawyers to have everything covered. The good news is, staying across the latest developments in surveillance device laws and workplace surveillance laws is easier than you think.
Staying across a complex legal framework and keeping up with proposed reforms
Even the most experienced lawyers find it difficult to stay across state and territory regulatory regimes for the use of surveillance devices and workplace surveillance due to the lack of consistency between jurisdictions.
What if you had a whole team of lawyer writers be the experts in new legal and regulatory developments for you? Practical Law provides legal guidance tools that do just that. Dedicated lawyer writers who stay on top of these and other changes in the legal realm in real time and provide practising lawyers with updated, accessible resources.
For example, in addition to legal updates for subscribers, Practical Law’s Commercial resources include our recently published:
- Practice note, Surveillance device laws and workplace surveillance
- Checklist, Key offences and penalties under Australian surveillance device laws
- Checklist, Key offences and penalties under workplace surveillance laws
- Checklist, Practical considerations when introducing and using surveillance devices (available as a complimentary resource, see below)
Our Legislation tracker, Australian privacy law reform, tracks the progress of key Commonwealth, state and territory privacy law reforms and consultations including in relation to reforms to surveillance device laws and workplace surveillance making it easier for you to stay informed of developments as they occur.
Get up to speed with free bonus content
Our complimentary resource, Checklist, Practical considerations when introducing and using surveillance devices provides an overview of key legal and commercial issues to consider when introducing and using surveillance devices. It includes practical considerations and tips for planning and preparing for the implementation, and ongoing use, of surveillance devices in an organisation including in relation to:
- Planning for the use of surveillance including:
- defining the aims for implementing surveillance;
- understanding the applicable laws;
- implementing a privacy by design approach;
- assessing whether to undertake a privacy impact assessment; and
- identifying and documenting the business transformation steps.
- The introduction of surveillance including:
- considerations with respect to making notifications and obtaining consents;
- updating necessary policies and procedures; and
- considerations with respect to third party obligations.
- Ongoing responsibilities including in relation to:
- the training of personnel;
- the storage, use, disclosure and destruction of surveillance records;
- monitoring of regulatory reforms; and
- regular review and assessments.
Access your copy of the Checklist, Practical considerations when introducing and using surveillance devices via the form on this page.
