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Dealing with employee records falls under an 'exempt practice' under the Privacy Act. This means that the normal rules about the way you deal with personal information do not apply to employee records.
The Privacy Act only applies to EPA records that: contain information on individuals', are maintained by the EPA in a system of records; and. are retrieved by a personal identifier, such as a person's name, Social Security Number, biometrics, medical record number or other unique identifier.
An employee Privacy Notice is a source of information that explains to an individual the what, how, where, why and when? regarding how a data controller (in our case an employer) processes an employee's personal data.
Information compiled in reasonable anticipation of a civil action or proceeding. Material reporting investigative efforts pertaining to the enforcement of criminal law, including efforts to prevent, control or reduce crime or to apprehend criminals.
Most Commonly Used Exceptions (1) To those officers and employees of the agency which maintains the record, who have a need for the record in the performance of their duties. Make sure all disclosures to HUD officers and employees are necessary and allowed by the SORN that has been published on the Federal Register.
These exempt entities include small business operators, registered political parties, agencies, state and territory authorities, and prescribed state and territory instrumentalities. 33.13 Certain acts and practices of organisations also fall outside the operation of the Privacy Act.
4.1 As outlined in the Issues Paper, the Privacy Act currently includes exemptions in relation to small businesses, employee records, registered political parties and political acts and practices and journalism.
Employees have the right to keep private facts about themselves confidential and the right to some degree of personal space. An employer that discloses private facts or lies about an employee may be held accountable in a civil action for invasion of privacy or defamation.
Not only is it illegal under New South Wales law to record conversations at work except in very limited circumstances, it is also grounds for the employer to take disciplinary action or terminate the employment altogether.
The Privacy Act only applies to an employee record if the information is used for a purpose not directly related to the employment relationship. However, workplace laws require a range of information to be made and kept for each employee.