Victorian govt to enact strict AI, workplace surveillance laws

The Victorian state government is set to introduce what it claims are the toughest workplace surveillance laws in the country.

The new laws aim to ensure biometric data can only be collected when there's no less intrusive option; prevent the use of biometric data to read emotions, unless there’s a legitimate reason to do so; prevent using AI to track things like bathroom breaks, a limp, or pregnancy, without a specific, legitimate purpose; and increase protections to prevent use of workplace surveillance and AI to discriminate by personal characteristics.

Under the new laws, employers will have to tell workers if they're being monitored, bosses will have to consult staff before bringing in new surveillance or changing how it's used and they will only be able to undertake surveillance at work for a legitimate purpose.

Covert surveillance will only be allowed where unlawful activity is suspected and will be strictly controlled, the government said.

Separately, a human will be required to review any significant automated decision made using surveillance data that affects a worker's rights. Workers will also get the right to access their own surveillance data when it’s used to impact their job.

“No Victorian should be watched at work without knowing about it,” said Victoria’s premier, Jacinta Allan.

“I am sickened by the idea that a pregnant woman’s bathroom breaks or emotions could be tracked, logged, and used against her or her colleagues in a salary decision.

“We cannot allow discrimination to sneak back into the workplace via AI."