Latest news

In today's world where phones can be tracked and keystrokes can be monitored, surveillance at work is (rightly or wrongly) unavoidable, particularly in the finance industry.

But just because employers can monitor your movements doesn't mean they should. With technology advancing so quickly and the lines blurring between what is necessary surveillance and what is an intrusion of privacy, it has never been more important for workers to understand their rights when it comes to surveillance at work.

The grey area

Workplace surveillance includes not only digital and software monitoring, but also physical monitoring of employees in and around their workplaces.

Workplace surveillance can be necessary and appropriate in certain circumstances, such as to ensure the health and safety of employees and customers, or to monitor the millions of financial transactions carried out every day to ensure they are legitimate and not fraudulent.

However, surveillance and monitoring can become an issue when it intrudes and spills over into the private and personal lives of employees.

Is the law on workers' side?

Unfortunately, there is no single law that deals with workplace surveillance and monitoring, with each state and territory having their own laws.

For example, in NSW it is expressly prohibited to use tracking or surveillance devices that can monitor employees in their own time and outside work hours, such as tracking devices in work cars. It was thanks to this law that FSU members at Teachers Mutual Bank recently overturned management's decision to install tracking devices in workers' vehicles.

The laws in other states vary and the extent to which surveillance and monitoring can be carried out after hours depends on the circumstances.

In all cases, however, employers are required to disclose what surveillance and monitoring is being used in the workplace. For example, employers may have a policy that outlines the type of monitoring that is being used, including how that information and data is being used and stored.

What about using my personal phone for work?

The FSU has also assisted members concerned about having to install apps on their personal phones for work purposes (such as accessing the office). Understandably, members hold privacy concerns, as they are unsure how much information and data can be accessed by their employer through the apps.

Employers cannot force employees to use their personal devices to install apps relating to work. If an app is required, you are entitled to ask for a work phone so you don't have to use your personal device.

Recently, NAB backed down on requiring workers to use their personal phones to access the office, after FSU members pushed back due to privacy concerns.

Does surveillance matter?

Some FSU members may think that surveillance is just 'part and parcel' of working in today's modern workforce.

But worker surveillance can often happen without workers’ knowledge or consent, and this can create a significant power imbalance between employers and employees.

In what was perhaps the clearest example of surveillance overreach our union has seen, AMP workers were asked last year to sign new employment contracts that would have enabled AMP to carry out continuous video surveillance of them, including when working from home.

After fierce and swift public backlash, AMP later backed down on their intention to surveil employees in their homes.

The fact that these contracts were ever proposed is proof that we have a way to go before the law catches up to today's technological reality.

The FSU has been at the forefront of advocating for stronger worker protections against unnecessary surveillance, including through numerous government submissions and our AI in finance campaign.

If you are concerned about unnecessary or illegal surveillance or monitoring at work, contact the FSU today for assistance at [email protected].