Data care key part of workplace surveillance inquiry

The cross-party probe is examining the extent to which surveillance data is being collected, shared, stored, disclosed, sold, disposed of and otherwise used in Victorian workplaces.

Data breaches and cyber-attacks have heightened concerns about data protection and the security of private and sensitive information.

“ ‘Victoria does not have dedicated workplace surveillance laws.’ ”

Alison Marchant, Committee Chair

‘New South Wales and the Australian Capital Territory have specific legislation whereas Victoria’s laws are integrated into general surveillance device laws,' Ms Marchant said.

‘The other states and territory do not have specific workplace surveillance legislation.’

In Victoria, employers must have a legitimate purpose for monitoring staff, such as attendance, work performance and the use of resources and property, and can only do so with employees’ consent.

They can also monitor employees to detect fraud and theft, improve workplace safety and record a workplace injury or incident.

Surveillance can take many forms, but broadly falls under four categories: optical, data, tracking and listening.

Other key and emerging issues for the inquiry include the role of new technologies in surveillance, such as artificial intelligence, and the growth of remote and hybrid working.

‘Most workplace surveillance laws in Australia were developed at a time when internet use was not as widespread as it is today,’ Ms Marchant said.

‘As surveillance technologies become more advanced, affordable and widespread, there is a need to ensure legislation regulating workplace surveillance keeps pace.’

The impacts of surveillance on workplace culture, as well as individual employees and their families will also be considered by the inquiry. 

The Legislative Assembly Economy and Infrastructure Committee is accepting public submissions until Friday 19 July 2024.

The full terms of reference and other inquiry related information is on the Committee’s website.