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NSW Colleague Reading Personal Texts on Mobile Phone - Breach of Privacy?

Discussion in 'Employment Law Forum' started by Meia, 10 March 2016.

  1. Meia

    Meia Member

    10 March 2016
    Likes Received:
    A friend of mine has repeatedly caught a colleague reading text messages on her personal mobile phone at work. His behaviour also extends to intruding into people's personal space to read phone screens over their shoulders and unlocking phones without consent to 'see what music they're listening to'. He has been confronted on several occasions for the same behaviour with other employees with no disciplinary action being taken by the employer

    Apparently he's using the information to report on herself and several other people in the office in an attempt to gain/secure promotion. This may be encouraged (or at least not discouraged) by the employer; his behaviour has become more blatant and more invasive over the last few weeks after the company was given notice of my friend's resignation.

    I think the colleague (I'm not sure about the employer or manager) may be in breach of privacy. The text messages were all sent on her personal mobile phone - she does not have a work-dedicated phone.
    What action would be recommended in this case?
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    Well obviously, the first thing you do is password protect the lock screens.

    Sounds like it could amount to a complaint of harassment.
    Onerous as it is, have your friend start keeping a diary, so that there is evidence.
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  3. Sophea

    Sophea Guest

    Further to Tim W's post, there is no such "privacy" laws which protect an individual against another individual from an invasion of privacy. They are mostly limited to regulating how large organisations collect, store and use information etc.
    Tim W likes this.

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