The Victorian government Inquiry into workplace surveillance has revealed significant gaps in privacy protections and the need for updated regulations to address modern surveillance practices.
The inquiry was initiated to assess the impact of workplace surveillance on workers and the effectiveness of existing laws. Surveillance technology has become more sophisticated and pervasive, and our current laws are not adequately protecting workers.
The inquiry has highlighted the potential for surveillance to exacerbate power imbalances between employers and employees, deterring open communication among workers and with union officials, leading to a reluctance to discuss workplace issues, and to employees feeling pressured to consent to surveillance due to fear of losing their job. Excessive workplace surveillance has been shown to negatively affect employee morale, job satisfaction and mental health.
Some of the figures released in the report include:
- 61% of respondents in a VTHC survey reported workplace surveillance.
- The NTEU found that 53% of its members reported being surveilled.
- 37% of CPSU members reported AI use in their workplaces.
- Examples of surveillance include GPS tracking, biometric data collection, and monitoring through platforms like Microsoft Teams.
- Common surveillance methods include video monitoring, email tracking, and social media monitoring.
- Less common methods include keystroke monitoring and remote screenshotting.
- Employers are also using AI to analyse surveillance data which can lead to unfair conclusions about employee performance.
Function creep was identified by the inquiry as having serious implications on employee privacy and trust. Function creep occurs when surveillance data collected for one purpose is used for another, often without employee knowledge – for example, safety tracking data being repurposed for performance management and disciplinary actions. Over-collection of data and vague retention policies are exacerbating the associated risks.
The inquiry has also revealed that most Victorian employees are unaware the extent of workplace surveillance and of how their surveillance data is handled, posing significant privacy risks. Recommendations include mandatory data breach notifications and extending privacy protections to all employees.
Despite increasing pressure on workers there is little evidence that workplace surveillance improves productivity – a meta-analysis of 94 studies found no link between electronic monitoring and improved employee performance. Instead, surveillance can create resentment, decrease job satisfaction and increase stress, all of which can decrease productivity. Excessive workplace surveillance can also lead to increased absenteeism and staff turnover.
The inquiry committee recommends the introduction of new, principles-based workplace surveillance laws that are technology neutral – that is, they will continue to apply to new technology developments. These new laws should ensure that surveillance practices are reasonable, necessary and proportionate and balance employers’ needs with employees’ rights. The inquiry committee’s 18 recommendations cover the following concerns-
- Consultation with employees is essential - employers should notify and consult with workers about surveillance practices.
- Banning surveillance outside of work hours and requiring employers to justify the need for surveillance.
- Prohibiting the sale of employee personal data to third parties.
- Surveillance data collection and usage must be transparent, with employers informing employees of who is collecting workplace surveillance data, how the data is secured, stored and disposed of, who can use the data and for what purpose, and how long the data will be kept.
- Restrict the collection of biometric data to circumstances where there is a legitimate purpose that cannot be achieved through less intrusive means.
- A human review should be required for automated decisions affecting workers' rights.
- An independent regulator should be appointed.
Read more: Report on the Inquiry into workplace surveillance - Parliament of Victoria
