FSCPC1 Privacy in the workplace Chris Connolly Director Financial Services Consumer Policy Centre

FSCPC2 Introduction  In Australia, we have chosen to exempt employee records from the new privacy legislation for the private sector…  In the rest of the world, employee privacy gets special protection…  This presentation examines how we can address privacy issues in the workplace

FSCPC3 Overview  Workplace privacy protection in Australia (Federal)  Workplace privacy protection in Australia (State)  The EU Directive and the The US Safe Harbour arrangements  The Hong Kong Human Resources Management Code of Conduct and the UK Guidelines  Good Corporate Practice

FSCPC4 Federal protection  Privacy (Private Sector) Amendment Act 2000 –Exemption for employee records –Government inquiry into existing protections  Do industrial relations laws protect privacy? –Ansett Case  Privacy Commissioner Guidelines – in the workplace

FSCPC5 State Legislation  NSW –General privacy law –Video surveillance – guidelines  Victoria –General privacy law –Surveillance Devices Act

FSCPC6 International Developments  EU Directive  US Safe Harbour Arrangements –FAQ 9 on protecting employee privacy  Hong Kong –Human Resources Management Code of Conduct  United Kingdom – in the workplace

FSCPC7 Good Corporate Practice  Advertising  Unsolicited CVs  Employee Privacy Policy  Handling of Sensitive Data  Retention and Destruction policy  and web use policy  Surveillance in the workplace  Access and correction rights

FSCPC8 The Centre Financial Services Consumer Policy Centre. Law Faculty University of New South Wales NSW 2052 t. (02) f. (02)