Big Brother at Work – Workplace Surveillance and Employee Privacy in Australia

29 Pages Posted: 18 Jan 2022

See all articles by Murray Brown

Murray Brown

affiliation not provided to SSRN

Normann Witzleb

Monash University - Faculty of Law; The Chinese University of Hong Kong

Date Written: December 18, 2021

Abstract

Increased surveillance of employees accompanying the move to work-from-home during the pandemic and other socio-technological developments have amplified long-standing concerns that employee tracking, electronic performance measurement and other forms of workplace surveillance are becoming both more common and more intrusive. This article analyses developments in this area since the Victorian Law Reform Commission’s ground-breaking 2005 report on workplace privacy. It examines the current state of Australian law, before considering the case for reform. This article calls for comprehensive national workplace surveillance legislation, based on empirical research into post-pandemic surveillance practices and expectations of privacy on the part of employees, to create stronger and more coherent legal protections for employee privacy in Australia.

Keywords: Privacy; employee privacy; Australian law; data protection; workplace surveillance

JEL Classification: K29; K31, K 39

Suggested Citation

Brown, Murray and Witzleb, Normann and Witzleb, Normann, Big Brother at Work – Workplace Surveillance and Employee Privacy in Australia (December 18, 2021). (2021) 34(3) Australian Journal of Labour Law (AJLL) 170–199, The Chinese University of Hong Kong Faculty of Law Research Paper No. 2021-77, Monash University Faculty of Law Legal Studies Research Paper , Available at SSRN: https://ssrn.com/abstract=4011527

Murray Brown

affiliation not provided to SSRN

Normann Witzleb (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

The Chinese University of Hong Kong ( email )

6/F, Lee Shau Kee Building
Shatin, New Territories
Kowloon, Sha Tin
Hong Kong

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