Workplace surveillance notice
A notice you can give your people before you switch on geofenced clock-in, presence checks, live location or trip routes. Fill in the blanks, then copy or print it.
On this page
Why you may need to give notice
Checking location at clock-in, presence checks during a shift and trip routes can be tracking surveillance. A kiosk that takes a photo at clock-in can be camera surveillance. In some states the employer must tell people in writing before these start.
This template describes how each LoggerIQ feature works, in the terms those laws use. It is a starting point, not legal advice. Check it against your own situation and any enterprise agreement and ask a lawyer if you are unsure.
New South Wales
Under the Workplace Surveillance Act 2005 (NSW), section 10:
- Notice must be in writing. Email counts.
- It must be given at least 14 days before the surveillance starts, unless the employee agrees to a shorter period.
- Someone who starts work after surveillance has begun or within 14 days of it starting, must get the notice before their first day.
- The notice must say the kind of surveillance (camera, computer or tracking), how it will be carried out, when it will start, whether it is continuous or intermittent and whether it is for a limited period or ongoing.
Section 14 adds that a vehicle or other thing used for tracking surveillance must carry a clearly visible notice that it is tracked. For phone-based features, put that statement in the notice and in your policy; for a company vehicle, also label the vehicle.
Australian Capital Territory
The Workplace Privacy Act 2011 (ACT) also requires 14 days’ written notice (section 13). The notice must also say who will usually be under surveillance, what the records may be used and disclosed for and that the worker may consult the employer about it. Section 14 requires you to consult in good faith with anyone who raises a concern during the notice period. Choose the ACT option below to add that wording.
Victoria
Under section 8 of the Surveillance Devices Act 1999 (Vic), a tracking device must not be used to find a person’s location without their express or implied consent. Treat the notice as a request for consent, keep a record of who agreed and offer another way to record hours to anyone who does not. Choose the Victoria option below to add that wording.
Other states and Bangladesh
Other states and territories regulate tracking and listening devices in different ways and Bangladesh has its own rules on employee data. Wherever you are, telling people in writing before a feature starts is good practice. Choose “another state or country” below for neutral wording. Our privacy policy explains the same features to your people.
Fill in your notice
Nothing you type here leaves your browser. When you are done, copy the notice into an email to each person or print it.
Notice of workplace surveillance
From [Employer name]
To everyone who records their hours in LoggerIQ.
We use LoggerIQ to record hours, verify that clock entries are made on site and check work travel claims. Some of its features are surveillance under workplace surveillance law. This notice tells you what they are, how they work and when they start.
When it starts
These features start on [start date] and are ongoing. They are not for a limited period. Nothing is collected when you are not clocked in.
Geofenced clock-in
- Kind: Tracking surveillance.
- How: When you clock in or out in the LoggerIQ app, your phone's location is checked against the boundary of your work site. The precise coordinates are encrypted and cleared after 90 days. The clock entry itself is kept as a pay record.
- Intermittent: only at the moment you clock in or out.
Presence checks
- Kind: Tracking surveillance.
- How: While you are clocked in and the app is open, it checks from time to time whether you are still inside the site boundary. It records only whether you were inside and how far away you were. These readings are deleted after 90 days.
- Intermittent: only while you are clocked in. Never when you are off the clock.
Trip routes
- Kind: Tracking surveillance.
- How: When you start a work trip in the app, you are told before it starts that your route is visible to your manager. The route is drawn from your live-location readings and is used to check the distance you claim, never to deduct pay. It is available for up to 90 days.
- Intermittent: only during a trip you start yourself.
How the records are used
To confirm attendance and hours for pay, to check work travel claims and to keep people safe on site. They are not used to deduct pay without a person reviewing them and you can see and question any flag on your own clock entries.
Your rights
This notice is given under section 10 of the Workplace Surveillance Act 2005 (NSW). Any vehicle or device used for tracking surveillance carries a notice saying so.
Questions or concerns: [contact name, role and email].