NSW Rights to Privacy and Personal Data Protection at Work?

[niat]

Hi,

First of all, please allow me to apologise for my bad English and grammar mistakes.

My company doesn't require a photo to be uploaded to the company Skype, but my manager did. I was asked several times and was at one point given a deadline to act on it. I asked him to see whether it's compulsory and he said that it's not a business requirement but it's his. Later I asked for confirmation that it will be secured, etc. and they said that I don't have to do it. That was a few months ago.

Recently I saw that my photo was put on a presentation which was later distributed to various teams. I was never asked for my permission to have my photo in the presentation. It took a couple of weeks as I needed to gather my courage but I raised the issue. My director said that they acknowledge my position and will not use my photo, they have removed the current copy as well.

My director also put in an email to me that what my manager did is a method to educate and build relationships with our stakeholders. I work in construction-related and have done this for years. I don't see how I look or knowing how I look could help to build a relationship with our stakeholders. But I think I deserve my rights to my privacy and that should be respected in the first place.

I shouldn't have to explain myself and stand up for it. I know that escalate the issue will ruin my chance of getting future employment, but I feel violated as I want my skills and talents to help to build relationships with our customers, not how I look or customers knowing how I look to have anything to do with it.

So I would like to understand my position, I would like to get an apology from the company. I asked whether my manger has the right to harvest extra personal photo and put it on a shared network drive in the first place, but I have been instructed to not talk or email about the matter.

Could you please help if you could provide some guidance? Whether I was wronged? Do I have the right to seek legal claim? Pursuing this matter will ruin my future career, would I likely be compensated? I can put in the agreement that if I find work, I can return or donate the money. Any help would be greatly appreciated.

Regards

 

[Rod]

There are few rights to privacy in Australia, and less in the workplace.

You'd have to look at your employment contract, company policy and procedures, industry in which the business operates and size of business.

It is not a straightforward exercise to know what limited rights you may have.

Australia does not have a wide scale facial recognition system like some other large country in Asia so you should think hard about whether being known as a 'difficult employee' is worth the cost to your career.

Some things are better left alone, and this may be one.

 

[niat]

There are few rights to privacy in Australia, and less in the workplace.

You'd have to look at your employment contract, company policy and procedures, industry in which the business operates and size of business.

It is not a straightforward exercise to know what limited rights you may have.

Australia does not have a wide scale facial recognition system like some other large country in Asia so you should think hard about whether being known as a 'difficult employee' is worth the cost to your career.

Some things are better left alone, and this may be one.

Thanks Rod