Workplace privacy in a technological environment

While technology has significantly increased productivity and efficiency in the workplace, concerns about workplace privacy have never been greater. Whereas in the past surveillance or monitoring of employees normally involved some type of physical observation, new technologies have provided employers with an unprecedented ability to observe almost every aspect of an employee’s work. In addition, given the changing nature of the workplace itself, it is possible in some cases for employers to monitor workers’ activities outside of the workplace. The difficult issue of balancing obligations of employers and their right to regulate the use of facilities in the workplace against an employee’s expectation of privacy in the workplace is considered in this paper. Underlying policy considerations are examined before an analysis of the existing legislative and common law protections in Australia. It will be argued that the existing law is not adequate and changes should be made to the law to ensure an appropriate level of protection for both parties in the employment relationship. Abstract not available.