Findings
2 Notice not recorded, or its period not met
The statutes held here fix the form of notice in several places, and the official guidance held expects it everywhere else: 14 days ahead in New South Wales and the ACT, at hire with an acknowledgement and a posting in New York, the types and specific locations posted in Connecticut, a daily notice or an acknowledged one in Delaware, and the Art. 13 information in the EU and the UK.
For HR: What notice was given for this practice here, on what date, and does it carry what the law of the place asks (the period, the content, an acknowledgement, a posting)?
Where it comes from, location by location
- Noticestatutory requirementWritten notice to each employee at least 14 days before the surveillance starts (email counts), saying the kind, how it is done, when it starts, whether continuous or intermittent, and whether for a set period or ongoing. A new starter gets it before they start. NSW WSA s 10
- Noticestatutory requirementCameras clearly visible, and signs at every entrance to the place under surveillance. NSW WSA s 11
- Noticestatutory requirementA plainly visible notice on the vehicle or thing tracked. NSW WSA s 13
- Noticestatutory requirementWritten notice at least 14 days before the start, giving the device, the method, who is watched, the start date, continuous or intermittent, set period or open-ended, the uses of the records, and the right to be consulted. ACT WPA s 13
- Noticestatutory requirementThe camera plainly visible and a sign at every entrance. ACT WPA s 15
- Noticestatutory requirementA plainly visible notice on the tracked vehicle or thing, or other reasonable steps to tell workers. ACT WPA s 17
- Noticestatutory requirementWritten notice on hiring to every employee whose telephone, email or internet use is monitored, acknowledged by the employee in writing or electronically, and the notice posted in a conspicuous place. NY Civil Rights Law 52-c(2)(a)NY Civil Rights Law 52-c(2)(a)NY Civil Rights Law 52-c(2)(b)
- Noticestatutory requirementPrior written notice to every employee who may be affected, naming the types of monitoring and the specific locations on the premises where it may occur, posted conspicuously including at those locations; and a plain-language statement to each new hire before they start. (the replacement text takes effect 1 October 2026 (Public Act 26-73); before that date it is not in force) Conn. Gen. Stat. 31-48d(b)(1)Conn. Gen. Stat. 31-48d(b)(1)Conn. Gen. Stat. 31-48d(b)(1)Conn. Gen. Stat. 31-48d(b)(3)
- Noticestatutory requirementBefore monitoring telephone, email or internet use: an electronic notice each day the employee uses the employer's email or internet, or a one-time notice the employee acknowledges. Del. Code tit. 19 705(b)Del. Code tit. 19 705(b)(1)Del. Code tit. 19 705(b)(2)
- Noticestatutory requirementA copy of the written policy to every employee within 30 days of the date the policy was required, and to each new employee within 30 days of starting. (when you say 25 or more employees in Ontario on 1 January) Ontario ESA 41.1.1(3)Ontario ESA 41.1.1(4)
- Noticestatutory requirementThe Art. 13 information at the time the data is collected: who, why, on which basis, the legitimate interest where that is the basis, recipients, retention, rights. GDPR Art. 13WP249 para 3.1.2
- Noticeofficial guidance, not lawSigns before the monitored area at about eye level, making clear what is covered. EDPB video guidelines para 7.1.1 official guidance, not law
- Noticeofficial guidance, not lawTell drivers a tracker is fitted and that movements, and perhaps driving, are recorded; ideally a notice in each vehicle. WP249 para 5.7(b) official guidance, not law
- Noticestatutory requirementMake the camera and the controller identifiable at the earliest point, with signs before the monitored area. BDSG s 4(2)
- Noticestatutory requirementNo information about an employee may be collected by a device not first brought to the employee's knowledge. Code du travail L1222-4CNIL guidance ACT-7
- Noticestatutory requirementTell employees beforehand how they are evaluated; results confidential; methods relevant. Code du travail L1222-3
- Noticestatutory requirementNo information on a candidate collected through a device not first disclosed. Code du travail L1221-9
- Noticeofficial guidance, not lawPermanent visible signs with the purposes, retention, contact and rights. CNIL guidance VID-8 official guidance, not law
- Noticestatutory requirementAdequate information to workers on how the instruments are used and how checks are made, before the data is used for any employment purpose. Workers' Statute Art. 4(3)
- Noticestatutory requirementThe Art. 13 information at collection, and tell workers about monitoring in an accessible way. UK GDPR Art. 13ICO monitoring guidance para 1.9
- Noticeofficial guidance, not lawSigns before the field of view, readable and sized for the setting, naming the operator, purpose and a contact. ICO video guidance P.4 official guidance, not law
- Noticeofficial guidance, not lawTell callers the call is recorded and why. ICO monitoring guidance para 3.3(b) official guidance, not law
- Noticeofficial guidance, not lawTell workers, and any passengers, that the vehicle is monitored. ICO monitoring guidance para 3.6 official guidance, not law
- Noticestatutory requirementNotify individuals of the collection and the APP 5 matters. (when you say the Privacy Act applies) APP 5
- Noticestatutory requirementAt or before collection, tell staff the categories collected, the purposes, and how long each is kept. (when you say the business meets the CCPA thresholds) CCPA 1798.130(a)(5)(C)CCPA 1798.100
- Noticeverification requiredWhere the business telephone monitoring exemption is relied on: tell current and prospective employees, including by prominent signs. Illinois Eavesdropping Act 14-3(j)