Technology in the workplace: monitoring, surveillance and employee privacy

By the ITLAW Team · Last reviewed November 2026 · General information, not legal advice

Workplace surveillance in NSW

The Workplace Surveillance Act 2005 (NSW) covers three kinds of surveillance of employees while they are at work:

• Camera surveillance: monitoring by video camera.
• Computer surveillance: software or other means of monitoring or recording information input or output on a computer, including email, internet use, keystrokes and screen activity.
• Tracking surveillance: devices that monitor location, such as GPS in vehicles or phones.

“At work” includes any place where the employee is working for the employer, which can include working from home on employer systems.

Notice requirements

Surveillance must not start until the employee has been given written notice at least 14 days beforehand (or a shorter period the employee agrees to). For new employees, notice must be given before they start. The notice must state:

• the kind of surveillance (camera, computer or tracking)
• how it will be carried out
• when it will start
• whether it will be continuous or intermittent
• whether it will be for a specified limited period or ongoing

Cameras must also be clearly visible, with signs at each entrance notifying people that they may be under surveillance. Vehicles with tracking devices must carry a clearly visible notice.

Computer and email monitoring

Computer surveillance is only permitted if it is carried out in accordance with a policy on computer use that the employee has been notified of, in a way that makes it reasonable to assume they are aware of and understand it. An employer must not block emails or website access unless the policy permits it, and generally must notify the employee when an email is blocked, subject to exceptions such as spam and harmful content.

Surveillance is prohibited in change rooms, toilets, showers and bathing facilities, and employers must not monitor employees using equipment outside work unless it is computer surveillance of employer-provided equipment.

Covert surveillance

Covert surveillance is only lawful where it is authorised by a covert surveillance authority issued by a magistrate, for the purpose of establishing whether an employee is involved in unlawful activity at work. It cannot be used to monitor work performance.

Privacy law and employee information

Under the Privacy Act, acts done by private sector employers that directly relate to a current or former employment relationship and an “employee record” are exempt. The exemption is narrower than many assume. It does not cover job applicants, contractors or volunteers, and it does not protect an employer from the statutory tort for serious invasions of privacy. The Tranche 2 reforms also propose changes to the employee records exemption. See our privacy guide.

AI, monitoring software and hiring tools

Productivity monitoring, keystroke logging and AI-based recruitment tools are subject to the same rules. Algorithmic screening can breach discrimination law if it disadvantages people because of a protected attribute, and from 10 December 2026 automated decisions about individuals must be addressed in privacy policies. See our AI law guide.

Employer checklist

• Issue a written surveillance notice at least 14 days before any monitoring starts.
• Adopt and circulate a computer, email and internet use policy.
• Install signage for cameras and notices in tracked vehicles.
• Limit access to surveillance records and set retention periods.
• Review recruitment and monitoring software for privacy and discrimination risks.

Frequently asked questions

Can my employer read my work emails in NSW?

Generally yes, if the employer has given proper written notice and the monitoring is carried out in accordance with a computer use policy you have been notified of.

How much notice must an employer give before surveillance starts?

At least 14 days’ written notice under the Workplace Surveillance Act 2005 (NSW), unless the employee agrees to a shorter period. New starters must be notified before they begin work.

Is hidden camera surveillance at work legal?

Only if authorised by a covert surveillance authority from a magistrate, to investigate suspected unlawful activity by an employee at work.

Does the Privacy Act protect employee records?

Private sector employee records are largely exempt from the Privacy Act, but the exemption does not apply to job applicants or contractors, and other laws, including the privacy tort, still apply.

Further reading: Workplace Surveillance Act 2005 (NSW) · Fair Work Ombudsman