INTHEBLACK February / March 2026 - Magazine - Page 27
“There is a growing convergence of political inquiries
and an emerging consensus that there needs to be better
regulation — as opposed to the patchwork of regulation
that exists now.”
CHARLES POWER, HOLDING REDLICH
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should be modernised.
These laws should be “technology
neutral and require employers to show that
any surveillance they conduct is reasonable,
necessary and proportionate to achieve
a stated legitimate objective,” the report
says. The committee also recommends that
“employers should be required to notify
and consult with workers about workplace
surveillance practices and disclose how
workers’ data will be collected, used
and stored”.
This inquiry is seeing Victoria potentially
emerging as a leader in the field of government
regulations on employee monitoring.
“There is a growing convergence of political
inquiries and an emerging consensus that
there needs to be better regulation — as
opposed to the patchwork of regulation that
exists now,” Power says.
Costi puts it more bluntly. “Legally, it is
a bit of a mess between states.”
THE LANDSCAPE IN ASIA
While legislation and attitudes vary across
Asia, the strength of employee rights and
privacy laws tend to correlate with the
level of monitoring employers are allowed
to practise.
In Singapore, for example, employers
must comply with data privacy regulations.
Under the Personal Data Protection Act 2012,
businesses can only collect or use personal data
with an individual’s consent to do so. However,
there are exemptions, including if the personal
data is to be used for evaluative purposes.
No matter where businesses are based,
Blackham says, best practice should be
modelled on a human approach that
revolves around
a specific business
case that only collects
and holds information that
is relevant — and only for the
time it remains relevant.
“That means establishing a clear
business case for surveillance, ensuring
it is proportionate to the risk, consulting
with workers and representatives, and putting
in place data safeguards and audit processes,”
she says.
THE FUTURE OF SURVEILLANCE
There are some useful tools to guide the
implementation of workforce surveillance,
Blackham says. They include the EU’s
General Data Protection Regulation
legislation and the recommendations
from the Victorian inquiry.
Policymakers will strive to balance the
rights of employers with the need to protect
the privacy of workers. Power believes that
there will be a shift in the direction of
principles-based regulation overseen by
a central, independent authority.
“The regulator will have powers and
could receive privacy complaints,” he says.
“When complaints are received, there will
be an assessment as to whether the
surveillance scheme meets certain principles.
“Then, there will be other things, like
where the information is going, how it
is being used, how it is secured, whether
individuals can access it and, if artificial
intelligence is involved, how it is validated.
Importantly, there should also be strict rules
around getting rid of the data when it is no
longer needed.” ■
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