#88 Bossware, solidarity and the fight for worker privacy
Nov 27, 2023
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This week's podcast explores the lack of privacy protection for employees in Australia, the rise of surveillance tools in the workplace, the challenges of maintaining employee engagement in a hybrid work environment, and the importance of collective action in advocating for privacy rights.
The podcast discusses the exemption in the Privacy Act that allows employers to be exempt from privacy obligations for employee-related information, highlighting the ongoing efforts to revisit this exemption as part of privacy reform.
The podcast emphasizes the importance of finding a balance between protecting employees' privacy and addressing legitimate concerns of employers, suggesting that trust-building, negotiation, and collective action can play a role in defining acceptable monitoring practices in the workplace.
Deep dives
Workplace Privacy Exemption in Privacy Act
The podcast discusses the exemption in the Privacy Act that allows employers to be exempt from privacy obligations for employee-related information. While community expectations suggest that work-related information should be protected under the Privacy Act, there is currently an exemption for employers. However, there are ongoing efforts to revisit this exemption as part of privacy reform.
The Broad Range of Sensitive Employee Information
The podcast highlights the wide range of sensitive information that employers hold about their employees, including contact details, employment terms, salary, medical information, performance evaluations, financial details, and more. This information becomes even more extensive with remote work during the pandemic, where employers may collect data on computer usage, location, and other online activities. These types of data raise privacy concerns and require careful management.
Trusted Workplace Monitoring and Potential Misuses
The podcast explores the need for trust and transparency in workplace monitoring. While some surveillance tools may be used for legitimate safety or productivity purposes, there is a risk of excessive monitoring and invasive surveillance practices. The podcast emphasizes the importance of finding a balance between protecting employees' privacy and addressing legitimate concerns of employers. It suggests that trust-building, negotiation, and collective action can play a role in defining acceptable monitoring practices in the workplace.
This week we explore the issue of privacy in the workplace.
Historically employers have been exempt from Privacy Act in Australia, but this is a live issue again with the privacy reform process underway and the Government having agreed in-principle to extending privacy protections to workers.
We also explore how the problem space is expanding in the era of hybrid working and as technologies for tracking and quantifying work continue to evolve.
Links:
Privacy Act Review final report: https://www.ag.gov.au/rights-and-protections/publications/privacy-act-review-report
Article about rise in workplace surveillance (CNBC) https://www.cnbc.com/2023/04/24/employee-surveillance-is-on-the-rise-that-could-backfire-on-employers.html
Data and algorithms at work report (UC Berkeley Labor Center) https://laborcenter.berkeley.edu/wp-content/uploads/2021/11/Data-and-Algorithms-at-Work.pdf
Article about the rise of 'Bossware' (Guardian) https://www.theguardian.com/technology/2022/apr/27/remote-work-software-home-surveillance-computer-monitoring-pandemic
Credits:
Editing and post-production by Martin Franklin (East Coast Studio) eastcoaststudio.com.au
Music by Bensound.com
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