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The use of overt video surveillance for purposes other than workplace monitoring and in non-private areas could be guided by voluntary implementation of guidelines issued by the Privacy Committee. Under Section 15(1)(c) of the Privacy Committee Act 1975, the Committee is authorised to make reports or recommendations in relation to actions which may assist in protecting personal privacy. The Privacy Committee could release voluntary guidelines for this purpose, intended for application to the public and private sectors. These guidelines would not be directly enforceable, but the Committee could use them as a benchmark when investigating any complaints arising from the use of video surveillance in the workplace. Under Section 18 of its Act, the Committee may table special reports in Parliament and it has used this power in the past to name individuals and organisations who have been responsible for very serious breaches of privacy. In this way the Committee can use its statutory powers to deter breaches of the Guidelines.
The weakness of the proposal to issue guidelines under the Privacy Committee Act is that while some employers may adopt the Committee's Guidelines, others may choose to ignore them altogether. In the absence of any enforcement mechanism, the most effective means of ensuring that Guidelines are observed is through an effective complaints mechanism. Employees can only make complaints if they know that video surveillance is being conducted. In a number of instances reported to the Committee, employees have only learnt about the conduct of surveillance by chance or after it has commenced. Even if they are aware of surveillance, employees often will not make complaints. When employees have contacted the Privacy Committee to enquire or complain about the use of video surveillance in their workplace, most have been reluctant to make a formal complaint because they feel their job may be at risk if they are known to have complained about the use of video surveillance.
The Privacy Committee believes that while privacy legislation remains unchanged, it is appropriate for the Committee to issue guidelines as an interim measure. Attached to this Report is a set of Guidelines on the Use of Overt Surveillance in the Workplace. The Guidelines seek to apply internationally approved standards of privacy and data protection to the specific use of video surveillance in the workplace. They have been developed for implementation across all workplaces. Nevertheless, the Committee believes that the Guidelines alone will not produce a satisfactory outcome, and its preferred position is set out in graph 6.4.1.133