Can I record my employees?

There are a number of obligations you need to keep in mind when collecting any personal information about your employees.

First of all, you should only collect the information which is necessary for your agency to carry out its legitimate functions. You’re not allowed to collect information just because you can – you need to be able to justify why you need to collect the information in order for your agency to function.

You should also be open with your employees about what information you are collecting what you will be using the information for – in other words, what you plan to do with the information.

Generally, covert recording is unfair. However, there are some limited circumstances where you can collect information about employees without telling them − for example, when putting in a camera over a till because you suspect employee theft.

Once the reason for collecting information covertly has expired (for instance, you’ve caught the staff member who was stealing), you need to either stop collecting that information (by removing the camera), or let staff know that you are continuing to collect information and why (by putting in signage, or introducing a camera policy).

You also need to make sure that your collection isn’t unlawful, unfair or unreasonably intrusive. Exactly what is unfair and unreasonably intrusive will depend on the circumstance, but, for example, would include things like misleading staff about what the information will be used for, or by unnecessarily collecting sensitive information.

You should also keep in mind that once you collect information by recording staff, a range of other obligations under the Privacy Act will apply (including obligations about security, accuracy, retention, use and disclosure, and in terms of providing staff with their rights to access and request correction of the information).