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WORKPLACE SURVEILLANCE

Nigel Waters' proposed Code of Practice offers critical insights into workplace surveillance, addressing the increasing prevalence and controversies surrounding it. With 74% of major US companies reporting employee monitoring activities, the need for clarity in privacy laws is urgent. This paper discusses the balance between employer interests and employee rights, the complexities of current laws, and the necessity for robust guidelines and consultation with stakeholders. It aims to provide a framework that protects dignity and privacy within modern workplaces while achieving productivity.

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WORKPLACE SURVEILLANCE

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  1. WORKPLACE SURVEILLANCE Nigel Waters Pacific Privacy Workplace Surveillance - Nigel Waters

  2. Proposed Code of Practice • More and more surveillance • Increasingly controversial • Industrial disputes • Litigation • PCO Provisional position • Consultancy – Pacific Privacy • Issues paper • Code of Practice Workplace Surveillance - Nigel Waters

  3. “…nearly three quarters (74%) of major US companies responding to the survey said they record and review their employees’ telephone calls, email messages, internet connections and computer files” • Source: Survey by US Bureau of National Affairs for the American Management Association, BNA Daily Labor Report, 2 May 2000 Workplace Surveillance - Nigel Waters

  4. Approach • Review provisional position • Application of law • Role of discretionary guidelines • International experience • Consultation with HK stakeholders Workplace Surveillance - Nigel Waters

  5. Context • The law is a mess • Need for greater clarity and certainty • Legislative changes ? • Privacy Ordinance ? • Clarify application of the Data Protection Principles • Code of Practice can provide clarity and guidance Workplace Surveillance - Nigel Waters

  6. Justification • Legitimate interests of employer • Liability for unlawful acts • Quality control • Productivity • Other management • Legitimate interests of employees • Respect • Dignity • Privacy • Need for balance Workplace Surveillance - Nigel Waters

  7. “ Americans spent on the average 21 hours a month conducting personal web-surfing at work. The top … content distractions for workers [are] news sites (46%) shopping (25%) and … job hunting and recruitment websites.” • Source: Neilsen-NetRatings survey reported in Newsbytes, March 8 2000 Workplace Surveillance - Nigel Waters

  8. “…workers should labour in freedom and dignity.” • ILO Constitution, 1946 Workplace Surveillance - Nigel Waters

  9. Scope • Types of surveillance • Telephone surveillance • E-Mail surveillance • Web-browsing surveillance • Video surveillance • Location monitoring • Workplace? • Boundary between work and home? • Employee surveillance more accurate Workplace Surveillance - Nigel Waters

  10. Application of law • Telecommunications law • Interception law • Employment law • Common law • Mutual trust & confidence? • Privacy torts? • Privacy law • Personal data/ records? Workplace Surveillance - Nigel Waters

  11. Acceptance of controls? • Minimum legal requirements? • Best practice? • Negotiated position? Workplace Surveillance - Nigel Waters

  12. Key elements - 1 • Consultation • A clear policy • Notice to employees • Routine surveillance to be minimum required • Thresholds/triggers for more intrusive surveillance Workplace Surveillance - Nigel Waters

  13. Key elements - 2 • Respect for sensitive data • Safeguards on access and use • Destruction of records • Natural justice • Accountability – reporting • Periodic review of policy Workplace Surveillance - Nigel Waters

  14. Next steps • Input from HK stakeholders • Issues paper • Consultation by PCO • Code of Practice • Recommendations for legislative changes? Workplace Surveillance - Nigel Waters

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