Australian Capital Territory Current Acts

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WORKPLACE PRIVACY ACT 2011 - SECT 16

Additional requirements for data surveillance devices

    (1)     An employer may only conduct surveillance of a worker using a data surveillance device if—

        (a)     the surveillance is conducted in accordance with a policy of the employer on surveillance of workers in the workplace using data surveillance devices; and

        (b)     the employer has notified the worker, before conducting the surveillance, of the policy in a way that it is reasonable to assume that the worker is aware of and understands the policy.

    (2)     For subsection (1) (a), the policy must state—

        (a)     how the employer's computer resources may, and must not, be used; and

        (b)     what information about the use of the employer's computer resources is logged and who may access the logged information; and

        (c)     how the employer may monitor and audit a worker's compliance with the policy.

    (3)     In this section:

"computer resources" includes internet access and electronic communication applications.



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