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 there be regulatory control over the access of personal information through online searches and social networking sites, such as Bebo, Facebook etc?

• Should an organisation have a right to know you?

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?

• 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

Privacy Challenges: Topical Issues Blurring the Demarcation

• 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

The Privacy Act 1993

Resolution of the Conflict

• More control of information

• Minimal intrusion

• Greater protection from misuse

What do Individuals Need to Protect their Personal Information?

• Freedom from intrusion

• Control of personal information

• Freedom from unsolicited monitoring

• Protection from misuse

The Road Ahead…

• Do nothing and face the consequences

• 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

Maintain the Status Quo Consider Alternative Approaches