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WORKPLACE SURVEILLANCE

WORKPLACE SURVEILLANCE. Nigel Waters Pacific Privacy. Proposed Code of Practice. More and more surveillance Increasingly controversial Industrial disputes Litigation PCO Provisional position Consultancy – Pacific Privacy Issues paper Code of Practice.

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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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