Anti-spy bill will block employer surveillance of emails

Printing Industries, the graphic arts employers’ association, is concerned at the implications and is trying to gauge its member’s attitudes to the controversial bill. The Workplace Surveillance Bill (NSW) 2004 applies to camera, computer and tracking surveillance of employees "at work". It limits an employer's authority to block or monitor employees’ e-mails or restrict access to the Internet.

An employee must be given 14 days notice before any surveillance is undertaken. Covert surveillance can only be undertaken (as now) with the authority of a magistrate, and then only after the magistrate has considered whether the employee or any other person's privacy would be compromised.

E-mail and Internet Restrictions.

The draft Bill prohibits employers from preventing or restricting e-mail delivery or website access. However, if the employer has an internet and e-mail policy that employees have been notified of and the restrictions are contained in this policy, an exemption can apply. In the case of blocked e-mail, the employee must receive immediate notice that the e-mail delivery has been prevented.

The Bill states its objectives as being to:

prohibit the surveillance by employers of their employees at work except by notified surveillance (telling employees where, when and how the surveillance will be done) or where surveillance is carried out under the authority of a covert surveillance authority, issued by a Magistrate, to establish whether or not an employee is involved in any unlawful activity at work;

to restrict and regulate the blocking by employers of e-mail and Internet access of employees at work,

to allow the issue of covert surveillance authorities by Magistrates subject to conditions being adhered to;and

to restrict the use and disclosure of covert surveillance records.

Printing Industries is seeking comments on the draft Bill by for inclusion in a submission to the NSW Attorney General. Comments or submissions should be sent 28 July to

Philip Andersen,
Printing Industries,
25 South Parade,
Auburn
NSW 2144 . E-mail: philip@printnet.com.au