New report calls for federal reform to address harmful worker surveillance

The Australian Government must urgently address the threat to workers from new forms of AI-powered surveillance, according to a report released today by the UTS Human Technology Institute (HTI). 

The report, Drawing the Line, calls on the Government to update the Fair Work Act to protect workers against harmful tech-enabled surveillance, and to give employers clarity about what is reasonable monitoring of workers for safety and other legitimate reasons.

“Whether driving a truck, sitting at a desk or sorting supermarket shelves, workers are being subjected to more invasive forms of surveillance. Often workers simply don’t know that the computers, mobile phones and other tech they rely on can also be used to monitor and surveil them,” said Professor Edward Santow, HTI Co-Director.

“Yet our laws are dangerously out of date. They don’t protect workers from harmful forms of surveillance, and nor do they give clarity to employers about what forms of monitoring are acceptable,” Professor Santow said.

HTI’s report recommends the Government amend the Fair Work Act to require that any worker monitoring be ‘fair and reasonable’. This builds on the Government’s existing commitment to require that all personal information covered by the Privacy Act must be handled ‘fairly and reasonably’. HTI’s proposed reform would ensure that the privacy protections that apply in other aspects of our lives also would apply when people go to work.

“Right now, employers typically rely on workers ‘consenting’ to being monitored when they sign their employment contract. But we all know that’s not real consent. If you need the job, you’re in no place to debate what is reasonable monitoring with your prospective employer,” said Sarah Sacher, Senior Responsible Technology Policy Specialist at HTI.

“Introducing a requirement to act fairly and reasonably in the Fair Work Act would set clear guardrails for employers about monitoring workers, and would do so in a system that workers and employers understand well,” Ms Sacher said.  

Senator Tony Sheldon said workplace surveillance was becoming increasingly intrusive and raised serious concerns for Australian employees.

“Workplace surveillance has gone from a sign-in sheet to algorithms putting a digital leash around employees’ necks.

“Big Tech bros like Amazon are already using AI and technology to turn their workforce into inmates in digital warehouse prisons.

“This report raises critical concerns about the impact of workplace surveillance on the privacy, health and dignity of working Australians, particularly when many employees don’t even know they’re being monitored,” Senator Sheldon said.

HTI’s recommendations were developed in close consultation with unions, industry, legal experts and government stakeholders. They build on HTI’s Snapshot Report, Surveillance Creep. HTI’s proposed reforms would:

• ensure that enterprise bargaining agreements and Modern Awards can build on the protections in the proposed ‘fair and reasonable’ requirement
• set up a dedicated complaints stream in the Fair Work Commission to hear privacy-related complaints
• support regulators to issue clear and practical guidance on how to apply new and existing laws in the worker surveillance context.

Report: Drawing the Line