Know Your Rights: Surveillance of staff
In Victorian and Tasmanian schools and workplaces, surveillance of staff is subject to strict legal and ethical guidelines to protect workers’ rights.
It is important you are aware of these rights and contact the IEU office if you suspect they are being breached.
While surveillance is common in public spaces, its growing use inside schools – particularly in classrooms and staffrooms – is raising concerns. IEU Victoria Tasmania Deputy General Secretary Kylie Busk says employers must consult staff before installing surveillance cameras, particularly in private spaces like staffrooms.
‘Surveillance can only be for security purposes. Using footage for performance management or disciplinary action is entirely inappropriate. Employers must clearly inform staff about surveillance and respect their privacy.’
Employees have the right to request explicit consent, typically through a signed document. (Some employers may assume implied consent if the matter is raised in a staff meeting without objection.)
What is surveillance?
Surveillance involves monitoring and analysing data to gather information about individuals, groups, or contexts, often using technology including CCTV, artificial intelligence, analytics software, tracking employee activity, and remote monitoring tools. If not conducted with privacy safeguards, surveillance can infringe on fundamental civil liberties.
Key questions employers must answer
What is the primary purpose of surveillance?
Is it recorded, and if so, how and for how long?
What type of data is collected (video, audio, activity tracking)?
Where is the data stored, and how is it secured?
Who has access to the recordings?
How many cameras exist, where are they located, and when are they operational?
Does the employer have a privacy policy, and are employees informed?
Some dangers of surveillance misuse in schools:
The increasing use of workplace surveillance poses several risks to employees, impacting privacy, mental health, and workplace culture. Here are just some of the key issues:
Misuse for performance management and disciplinary action
If surveillance footage or data is used to assess performance or justify disciplinary actions, it can create an unfair work environment. Teaching is complex, and video footage alone cannot accurately reflect the nuances of classroom management or student engagement.
Increased stress and job dissatisfaction
Knowing they are always being watched can make educators feel pressured, leading to increased stress, anxiety, and burnout. Teachers may feel they cannot teach freely without fear of scrutiny.
Erosion of trust and professional autonomy
Surveillance implies a lack of trust in teachers and staff, undermining their professional judgment. Educators need autonomy to create engaging learning environments without fear of micromanagement. Overuse of surveillance also limits creativity, hindering the connection with students.
The rules
1. Notice and consent requirements
Employers must inform staff if surveillance is being conducted
In most cases, written notice must be provided before any monitoring begins.
Covert surveillance (without notice) is generally prohibited, except in specific cases, such as suspected unlawful activity, and requires legal approval.
2. Types of surveillance
CCTV cameras: Schools may use cameras for security, but cameras cannot be placed in private areas (e.g. staff rooms, bathrooms). Staff must be informed if CCTV is used to monitor work performance.
Computer and email monitoring: Schools can track email and internet use but must clearly communicate their policies to staff.
Phone call monitoring: If school phones are monitored, employees must be made aware.
GPS tracking: If staff use school vehicles with GPS tracking, they must be notified.
3. Workplace rights and protections
Surveillance must not be excessive or unreasonable.
It should be relevant to workplace needs (e.g., safety, security).
Staff have the right to access information collected about them under privacy laws.
Surveillance cannot be used to unfairly target or discipline employees without just cause.
Enterprise Agreements and workplace policies may further regulate surveillance and should be consulted.
4. Challenging unfair surveillance
If staff believe surveillance is intrusive or unfair, the IEU can raise concerns with WorkSafe Victoria, or the Victorian Equal Opportunity and Human Rights Commission.
Unlawful or excessive surveillance can be challenged under workplace privacy laws or through legal action.
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While some level of surveillance is necessary for school security, excessive monitoring harms educators and the school environment. Schools should ensure that surveillance policies are transparent, limited in scope, and focused on safety rather than staff management.
If you have concerns about workplace surveillance, contact your union for confidential advice and support.