Findings

6 Monitoring outside work

New South Wales and the ACT rule out surveillance of staff who are not at work (employer equipment aside), and the EU, UK and CNIL guidance expect vehicle and location tracking to stop outside working hours.

For HR: Does this practice follow people outside working time or off the premises, and what switches it off?

Where it comes from, location by location

Outside workstatutory requirement not allowed hereNo surveillance with a work surveillance device while the employee is not at work, except computer surveillance of the use of equipment or resources the employer provided or paid for. (if it runs outside work) NSW WSA s 16
Outside workstatutory requirement not allowed hereNo surveillance of a worker who is not in a workplace, except data surveillance of employer-supplied equipment and tracking that cannot be switched off. (if it runs outside work) ACT WPA s 42
Outside workofficial guidance, not lawMonitoring a vehicle while it is used privately, with the employer's leave, is rarely justified; a driver-operated privacy switch outside working hours is the ICO's example. (if it runs outside work) ICO monitoring guidance para 3.6 Human Rights Act, Article 8, named, not quoted official guidance, not law
Outside workofficial guidance, not law guidance says noNo location monitoring outside agreed working hours, save a proportionate theft safeguard revealed only on a break-glass basis. (if it runs outside work) WP249 para 5.7(c) official guidance, not law
Outside workofficial guidance, not law guidance says noNo location outside working time (commute, breaks), no speed checks, no permanent monitoring, and employees can switch location off outside work. (if it runs outside work) CNIL guidance GEO-2CNIL guidance GEO-3 official guidance, not law

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