Privacy and technology: Watching the watchers
The Victorian Government has committed to new laws requiring employers to consult workers about workplace surveillance, while restricting AI, biometric monitoring and automated employment decisions.
Victorian unions, including the IEU, have long advocated for reform in this area.
VTHC Secretary Luke Hilakari said 81% of workers who reported being surveilled ‘were not included in discussions with their employer about the extent, purpose or use of surveillance – let alone provided with detailed disclosure’.
‘Workplace surveillance has long been a concern for workers, but with the use of AI and cheap monitoring technologies, some employers have recklessly embraced this practice at the expense of workplace privacy,’ he said.
Under the proposed laws, employers would have to inform workers when they are being monitored and consult them before introducing or changing workplace surveillance.
Surveillance would only be permitted for a legitimate purpose, with covert surveillance strictly controlled.
The laws would also restrict biometric data collection where less intrusive options exist, limit AI monitoring of matters such as bathroom breaks, disability or pregnancy, and strengthen protections against discriminatory use of surveillance and AI.
IEU advocacy
The IEU made a detailed submission to the parliamentary inquiry, highlighting a particular problem in schools: staff can also be recorded without consent by students using personal devices, with footage shared online or used in disciplinary processes.
‘We now live in a world where many students carry a surveillance device in their pocket. The law needs to reflect that reality,’ IEU General Secretary David Brear said.
The IEU argued employers should have to take reasonable steps to prevent people on their premises from surveilling workers without consent, and should be prohibited from using improperly obtained surveillance to a worker’s detriment.
The union will continue pushing to ensure the final laws provide meaningful protection for education workers.
