In a feature for Lexology, Piper Alderman’s Ben Motro examines smartphones and social media under the Workplace Surveillance Act (NSW) 2005. The act “prescribes the way in which employers can legitimately use camera, computer and tracking surveillance to monitor an employee whilst they are at work,” the report states, noting, “the ‘computer surveillance’ requirements under the act have particular relevance for employers who wish to access information on an employee’s smartphone.” Motro writes, “computer surveillance means surveillance by means of software or other equipment that monitors or records the information input or output or other use of a computer and includes but is not limited to the sending and receipt of e-mails and the accessing of websites.”
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