ACT Workplace Privacy Act 2011
Part 4: Covert surveillance – ACT Workplace Privacy Act 2011

ACT Workplace Privacy Act 2011 36: s 36 Security surveillance defence: sole security purpose, real risk, prior written notice

An employer relying on the defence to a s 35 charge must prove that the covert surveillance was conducted solely to secure the workplace or people in it, with surveillance of a worker incidental to that; that a real and significant risk existed that security would be compromised without it; and that workers, or a representative body covering a substantial share of them, received written notice of the planned security surveillance before it began. The defendant bears the legal burden. A covert record from such surveillance is admissible against a worker only in disciplinary or legal proceedings about workplace security, or in legal proceedings where the desirability of admitting it outweighs the undesirability of how it was obtained.

Maintained by Gerard Blokdyk

What else in your programme already covers this

This control maps to 1 controls across 1 other frameworks. If you already hold one of them, the evidence you collected for it is the starting point here rather than new work.

ISO 27002:2022 · 1 control

  • 7.4 Physical security monitoring

Every mapping shown was judged rather than inferred from wording similarity, and the ones that failed review are published too. See the coverage reports and what was rejected.

Other controls in Part 4: Covert surveillance – ACT Workplace Privacy Act 2011

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