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The Privacy Committee believes that the most effective form of regulation of video surveillance in the workplace would be through the following measures:
1. The amendment of industrial relations legislation to:
(a) prohibit video surveillance for monitoring employee work performance;
(b) prohibit the use of video surveillance in certain areas such as toilets, showers and change rooms;
(c) require a permit from the Industrial Relations Court for:
* the use of surveillance in locker rooms and employee recreation rooms;
* any use of covert surveillance in the workplace, including a requirement of compliance with strict guidelines relating to its operation.
The Industrial Relations Court would have the authority to enforce these provisions, including the power to make orders to require employers to remove cameras, and to impose penalties for breaches of provisions referred to in 1(b) and 1(c).
The Privacy Committee would be willing to work in consultation with the Department of Industrial Relations in making the necessary changes to industrial relations legislation to implement these recommendations.
The restrictions on covert video surveillance would not apply to surveillance conducted by law enforcement agencies. It would be more appropriate to develop privacy protections relating to the conduct of covert video surveillance by law enforcement agencies through legislation similar to the Listening Devices Act. This Act promotes accountability by requiring the Police to obtain warrants and to report on certain matters. The Committee believes the Listening Devices Act should be reviewed in light of the growth in the number of warrants granted for audio surveillance and the need for consistency in legislation covering audio and video surveillance in matters such as police warrants.
2. Privacy legislation should be enacted to establish the Office of Privacy Commissioner of New South Wales, to oversee the application of the Data Protection Principles to the public and private sectors. The legislation would include provisions for the Commissioner to develop Codes of Conduct in consultation with industry. The Commissioner would have powers to receive complaints, and to investigate and report on breaches of the Data Protection Principles or Codes of Conduct. A Code of Conduct on video surveillance could be developed, perhaps based on the attached Guidelines, and after any necessary modifications the Privacy Commissioner could enact the Code, making it enforceable. On application, the Commissioner could grant exceptions from the Code for particular activities or workplaces.
3. Until such time as the Office of the Privacy Commissioner is established, the Committee recommends adoption of the attached Guidelines by employers. The Committee will investigate and act upon complaints relating to acts and practices which breach the Guidelines.