Indecent Exposure – Are Your Private Parts Truly Private? (Privacy and Technology) Barbara Buckett Barbara Buckett & Associates 27 August 2008

Conflict – Between the Person and the Workplace Has the privacy legislation lost its effectiveness in the workplace with the advancement in things “cyber”? Should there be regulatory control over the access of personal information through online searches and social networking sites, such as Bebo, Facebook etc? Should an organisation have a right to know you?

The Balance What constitutes a balance between privacy and other social interests in the workplace? Has the pendulum swung too far in favour of the workplace? Is the current legislation effective in regulating workplace intrusions into the personal?

Drug Testing in the Workplace Electronic Monitoring –Search engines, internet, , GPS devices, recording phone calls, radio frequency identification devices (RFID) Workplace Surveillance –Video cameras, voice recording, key loggers, bugs, internet logs Pre-employment Enquiries –Psychometric testing, job applications, references Regulatory Compliance Authenticity of Information Privacy Challenges: Topical Issues Blurring the Demarcation

Pre-employment Enquiries –Limited protection, very little discourse on what constitutes “necessary and reasonable” –Low threshold which is not difficult for an organisation or employer to satisfy Video Surveillance –The Privacy Act 1993 does not limit the use of Monitoring , Internet and Search Engines –The Privacy Act 1993 has not been active in these situations –No control Drug and Alcohol Testing –The powers under the privacy legislation to limit such testing is dubious The Privacy Act 1993

Resolution of the Conflict More control of information Minimal intrusion Greater protection from misuse

What do Individuals Need to Protect their Personal Information? Freedom from intrusion Control of personal information Freedom from unsolicited monitoring Protection from misuse

The Road Ahead… Do nothing and face the consequences Rely on employment law to redress any imbalance in the workplace Recognise the threat posed by modern technology Reform the old Act to align with developments in technology science and human rights Amend the legislation to ensure personal information is not misused Introduce privacy codes (minimum standards) Bring New Zealand laws in line with other countries policies and legislation Maintain the Status QuoConsider Alternative Approaches