{"id":70178,"date":"2023-10-10T00:11:43","date_gmt":"2023-10-10T04:11:43","guid":{"rendered":"https:\/\/world.edu\/?p=70178"},"modified":"2023-10-10T00:11:43","modified_gmt":"2023-10-10T04:11:43","slug":"does-your-employer-have-to-tell-if-theyre-spying-on-you-through-your-work-computer","status":"publish","type":"post","link":"https:\/\/world.edu\/does-your-employer-have-to-tell-if-theyre-spying-on-you-through-your-work-computer\/","title":{"rendered":"Does your employer have to tell if they\u2019re spying on you through your work computer?"},"content":{"rendered":"

\"\"<\/p>\n

The COVID pandemic stimulated an irreversible shift in where, when and how we work. This 21st-century model of working \u2013 dubbed the \u201cnew normal\u201d \u2013 is characterised by increased\u00a0flexibility and productivity gains<\/a>.<\/p>\n

Yet this reshaping of work, underpinned by technology, has also\u00a0eroded our work-life boundaries<\/a>\u00a0\u2013 and persisting 20th-century attitudes are preventing us from successfully managing the new normal.<\/p>\n

We find ourselves struggling with \u201cproductivity paranoia<\/a>\u201d: a term used to describe managers\u2019 concerns that remote and hybrid workers aren\u2019t doing enough when not under supervision.<\/p>\n

As a result, we\u2019re seeing a surge in the use of electronic monitoring and surveillance devices in the workplace. These devices allow managers to \u201cwatch over\u201d employees in their absence. This practice raises serious legal and ethical concerns.<\/p>\n

Big bossware is here<\/strong><\/h4>\n

In a survey of 20,000 people across 11 countries,\u00a0Microsoft reported<\/a>\u00a085% of managers struggled to trust their remote-working employees. In Australia, this figure was 90%.<\/p>\n

In 2021, American research and consulting firm Gartner estimated the number of large firms tracking, monitoring and surveilling their workers had\u00a0doubled<\/a>\u00a0to 60% since the start of the pandemic.<\/p>\n

Electronic monitoring and surveillance technology can capture screenshots of an employee\u2019s computer, record their keystrokes and mouse movements, and even activate their webcam or microphones.<\/p>\n

On one hand, these\u00a0\u201cbossware\u201d tools<\/a>\u00a0can be used to capture employee and production statistics, providing businesses with useful evidence-based analytics.<\/p>\n

The other side is much darker. These devices are indiscriminate. If you\u2019re working from home they can pick up audio and visual images of your private life.<\/p>\n

Managers can be sent notifications when data \u201cindicate\u201d an employee is taking breaks or getting distracted.<\/p>\n

Some aspects of electronic monitoring and surveillance are legitimate. For instance, it may be necessary to safeguard an organisation\u2019s data access and transfers.<\/p>\n

But where are the boundaries? Is your organisation legally obliged to tell you about electronic intrusions? Alternatively, what can you do if you find out you\u2019re being watched without being informed?<\/p>\n

The legal framework<\/strong><\/h4>\n

A complex array of regulation governs workplace privacy and surveillance in Australia.\u00a0Proposed reforms<\/a>\u00a0to the Privacy Act 1988 are set to strengthen privacy protections for private-sector employees.<\/p>\n

However, this legislation doesn\u2019t specifically cover workplace surveillance. Instead, a patchwork of laws in each state and territory regulate this matter.<\/p>\n

Specific legislation regulates the surveillance of workers in\u00a0New South Wales<\/a>\u00a0and the\u00a0Australian Capital Territory<\/a>. Importantly, surveillance must not be undertaken unless the employer has provided at least 14 days\u2019 notice. This notice must include specific details about the surveillance that will be carried out. Employers must also develop and adhere to a surveillance policy.<\/p>\n

In both states, employers can only record visual images of an employee while they\u2019re \u201cat work\u201d. This is broadly defined to capture any place where work is carried out.<\/p>\n

Covert surveillance is prohibited unless the employer has obtained a court order. In this case it\u2019s restricted to situations where the employee is suspected of unlawful activity.<\/p>\n

Even then, a covert surveillance order would not be granted where this unduly intrudes on the employee\u2019s privacy. Covert surveillance for the purpose of monitoring work performance is expressly prohibited.<\/p>\n

Other states and territories don\u2019t have specific electronic workplace surveillance laws. Employers must instead comply with more general surveillance legislation.<\/p>\n

Broadly speaking, employees must give consent, express or implied, to any surveillance. In practice, such consent is usually obtained through the implementation of a workplace surveillance policy, which employees must agree to when they accept the job. So if you\u2019ve signed a contract without reading the fine print, you may have agreed to being surveilled via electronic monitoring tools.<\/p>\n

Currently,\u00a0Queensland<\/a>\u00a0and\u00a0Tasmania<\/a>\u00a0provide the most limited protection for employees. Their surveillance legislation is limited to the regulation of listening devices.<\/p>\n

Enterprise agreements, employment contracts and workplace policies may also limit or prohibit the use of surveillance devices. In practice, however, most employees will lack the bargaining power to negotiate the inclusion of any such terms in their employment contract.<\/p>\n

The law is failing to keep up<\/strong><\/h4>\n

In 2022, a parliamentary\u00a0select committee<\/a>\u00a0reporting on the future of work in NSW observed the current regulatory framework is failing to keep pace with rapid advancements in electronic monitoring and surveillance.<\/p>\n

The report criticised legislation that simply allows an employer to notify workers surveillance will be carried out, with no mechanism for this to be negotiated or challenged. The situation is slightly better in the ACT, where employers must consult with workers in good faith about any proposed surveillance activities.<\/p>\n

Workers who suspect their employer is spying on them should review their workplace surveillance policies. They may need to reflect carefully on how they use their work computer.<\/p>\n

Where an enterprise agreement applies, the\u00a0Fair Work Commission<\/a>\u00a0can arbitrate surveillance disputes. A worker who is dismissed following intrusive surveillance may be able to\u00a0challenge the dismissal<\/a>\u00a0on the basis of it being unfair.<\/p>\n

Workers who haven\u2019t been informed of their employer\u2019s surveillance practices can also lodge a complaint with the relevant authority or regulator, who may have powers to investigate and prosecute offences.<\/p>\n

To thrive in our \u201cnew normal\u201d work landscape, we\u2019ll need to address the gap between the existing legal protections and the capabilities (and potential harms) of electronic monitoring and surveillance. For now, it remains a significant legal and ethical challenge.<\/p>\n

Author Bios:<\/strong> Jacqueline Meredith is a Lecturer in Law and Peter Holland is Professor in Human Resource Management and Employee Relations both at Swinburne University of Technology<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

The COVID pandemic stimulated an irreversible shift in where, when and how we work. This 21st-century model of working \u2013 dubbed the \u201cnew normal\u201d \u2013 is characterised by increased\u00a0flexibility and productivity gains. Yet this reshaping of work, underpinned by technology, has also\u00a0eroded our work-life boundaries\u00a0\u2013 and persisting 20th-century attitudes are preventing us from successfully managing […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[3],"tags":[434657],"coauthors":[11733],"class_list":["post-70178","post","type-post","status-publish","format-standard","hentry","category-business-politics","tag-big-bossware"],"acf":[],"yoast_head":"\nDoes your employer have to tell if they\u2019re spying on you through your work computer? - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/does-your-employer-have-to-tell-if-theyre-spying-on-you-through-your-work-computer\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"Does your employer have to tell if they\u2019re spying on you through your work computer? - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"The COVID pandemic stimulated an irreversible shift in where, when and how we work. 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