Transcript Conflict – Between the Person and the Workplace

Indecent Exposure –
Are Your Private Parts Truly Private?
(Privacy and Technology)
Barbara Buckett
Barbara Buckett & Associates
27 August 2008
Conflict – Between the Person
and the Workplace
• Has the privacy legislation lost
its effectiveness in the
workplace with the
advancement in things “cyber”?
• Should an organisation have a right
to know you?
• Should there be regulatory control over the
access of personal information through
online searches and social networking
sites, such as Bebo, Facebook etc?
The Balance
•
What constitutes a balance between
privacy and other social interests in the
workplace?
•
Has the pendulum swung too far in
favour of the workplace?
•
Is the current legislation effective in
regulating workplace intrusions into the
personal?
Privacy Challenges: Topical Issues
Blurring the Demarcation
• Drug Testing in the Workplace
• Electronic Monitoring
– Search engines, internet, email, GPS devices, recording
phone calls, radio frequency identification devices (RFID)
• Workplace Surveillance
– Video cameras, voice recording, key loggers, bugs,
internet logs
• Pre-employment Enquiries
– Psychometric testing, job applications, references
• Regulatory Compliance
• Authenticity of Information
The Privacy Act 1993
• Pre-employment Enquiries
– Limited protection, very little discourse on what
constitutes “necessary and reasonable”
– Low threshold which is not difficult for an organisation or
employer to satisfy
• Video Surveillance
– The Privacy Act 1993 does not limit the use of
• Monitoring Email, Internet and Search Engines
– The Privacy Act 1993 has not been active in these
situations
– No control
• Drug and Alcohol Testing
– The powers under the privacy legislation to limit such
testing is dubious
Resolution of the Conflict
• Minimal intrusion
• More control of information
• Greater protection
from misuse
What do Individuals Need to Protect
their Personal Information?
• Freedom from intrusion
• Freedom from unsolicited monitoring
• Control of personal
information
• Protection from
misuse
The Road Ahead…
Maintain the Status Quo
•
Do nothing and face the
consequences
Consider Alternative Approaches
•
•
•
Rely on employment law
to redress any imbalance
in the workplace
•
•
•
Recognise the threat posed
by modern technology
Reform the old Act to align
with developments in
technology science and
human rights
Amend the legislation to
ensure personal information
is not misused
Introduce privacy codes
(minimum standards)
Bring New Zealand laws in
line with other countries
policies and legislation