Finding 18 of 18
Employee records exemption: does it reach this footage?
Under the Privacy Act the employee records exemption (section 7B(3), named here, not quoted) takes an employer's handling of an employee record out of the APPs where it directly relates to the employment relationship. It does not reach customers or visitors, and a camera that captures both is only partly covered by it, if at all.
- When it is raised
- Raised on a camera at an Australian site where staff are present and you said the Privacy Act applies to you (or you are not sure).
- The question
- Does this footage directly relate to the employment relationship, and does it also capture customers or visitors, who the exemption does not cover?
- For
- your privacy lead
- The column that settles it
- the analytics or coverage column
- On the row
- a numbered delta and the words "employee records" in small capitals; an outlined delta where it rests on a blank column
Clauses by regime
No held clause: this finding rests on laws we name but do not map, listed below. It is a question for your lawyer, not a reading of the text.
Named, not quoted
- Privacy Act (Cth), section 7B(3): the employee records exemption: an act directly related to a current or former employment relationship and an employee record the employer holds; customers and visitors are not employees (Australia; named, not quoted)