SA Can employer seize personal devices?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

joinkyn

Member
14 June 2023
1
0
1
So work sent an interesting email out today about corporate theft essentially and not copying things to personal computers in any way… and then said “I’m order to protect our data and confidentiality, the company reserves the right to access, scan, monitor, inspect and, where necessary, seize the personal computing and data storage assets of any employee to be found in breach of this policy”

Would I be right in assuming that they cannot do this without a warrant? Even if they made you sign off on the policy as “understood and agreed to abide by” etc?

Google was no help at all and just kept spitting up results about monitoring on BYOD scenarios, which we do not really do.

Just seems like a bit of overreach to me.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
Would I be right in assuming that they cannot do this without a warrant?
No. They can do it with consent.

They have qualified the policy by saying "...of any employee to be found in breach of this policy'. Means they already have evidence of the breach. However the policy is still likely an overreach.