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ARTICLE · 25 AUGUST 2017

Workplace surveillance – is big brother (legally) watching?

This article examines recording devices in the workplace within the various employment, privacy and surveillance laws.

AustraliaEmployment and HR

Emily Dempster and Nicole Davis examine the use of recording devices in the workplace and how this fits in with various employment, privacy and surveillance laws.

In brief: Are you recording employee activity? Are they aware of it? Recording devices are becoming an increasingly prevalent aspect of the modern workplace. The issue that employers face is how to reconcile this emerging technology with the various employment, privacy and surveillance laws that exist.

Within the last couple of years, the Fair Work Commission (FWC) and the Federal Court of Australia have handed down decisions that provide guidance to employers regarding the installation and use of recording devices in the workplace.

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