What information is my employer entitled to collect while I’m working?

When your employer collects personal information, they have a number of obligations. First of all, your employer can only collect the information which they need to carry out their legitimate functions and can only collect identifying information about employees if necessary for carrying out a lawful function. They are not allowed to collect your information just because they can – they have to be able to justify why they need to collect the information in order for the business to function.

Your employer should also be open with you about what information they are collecting about you and what they will be using the information for – what they plan to do with the information. Additionally, they cannot collect information in ways that are unreasonably intrusive.

Read about this recent case involving a doctor’s surgery which recorded all its phone calls.

If you are concerned about the personal information your employer is collecting, you should first check to see whether there are any relevant provisions in your employment agreement, or in any other policy documents your employer may use (for instance, many workplaces which use computers, devices or work phones will have a policy relating to personal use of the computer system or phones).

If there isn’t any relevant policy, you should speak with the privacy officer for your agency (or your manager if you don’t have a privacy officer or don’t know who this is).

You should ask the privacy officer (or your manager) to explain why it’s necessary for them to collect your information.

If you are unhappy with the response and believe the collection of your information exceeds what is necessary or appropriate, then you can make a complaint to us.