VIC Employee rights for personal data

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alwaysleyla

Member
8 May 2020
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Just looking on some clarity from the privacy and data protection act 2014 and how it relates to my question.
Can personal smartphones synced to the company network be searched during a digital forensic investigation. What rights do employees have? Does there have to be something stipulated in the employees contract and if so is it even valid under the privacy act?

Thanks for your help
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
There is an implication in your question that the data from the BYOD (phone) stays in the company.

Are you working in the public or private sector?

The PRIVACY AND DATA PROTECTION ACT 2014 (Vic) only covers public sector.

Do you mean the Privacy Act 1988 (Cth)? Cannot see it applying.

Likely comes down to what's in your employment contract.
 

alwaysleyla

Member
8 May 2020
4
0
1
There is an implication in your question that the data from the BYOD (phone) stays in the company.

Are you working in the public or private sector?

The PRIVACY AND DATA PROTECTION ACT 2014 (Vic) only covers public sector.

Do you mean the Privacy Act 1988 (Cth)? Cannot see it applying.

Likely comes down to what's in your employment contract.
Hi Rod
Thank you for your reply. I work in the private sector. But you have answered my question.
I am extremely grateful.

Kind regards

Karen
 

JcBailey

Member
22 February 2021
1
0
1
My brother has worked in the private sector but still had problems with during digital forensic investigations. Now I understand that it was absolutely unlawful but back to then investigators told us that everything is under the law, referring to privacy and data protection of 2014. Fortunately, we were able to escape any serious problems because the investigators didn't find anything on my brother's smartphone.

We addressed wrongful termination lawyer in order to clarify everything, and he really helped us to fix everything with the police. His name is Steven Rubin and you can visit here his website in order to get more information about wrongful termination cases and everything that deals with it.

Cheers,

John