Printing Industries has lodged a submission with the NSW Attorney General opposing the draft Workplace Surveillance Bill 2004.  

The association cites business rights, commercial security, cost and the impracticality of some aspects in the Bill in its submission.  

Industry comment was sought as part of the information gathering process to prepare the submission. It says that as an industry in transition, the last thing people running printing businesses want are further impediments to managing their business or additional costs.  

Printing Industries CEO, Gary Donnison, said the Association was willing to discuss its concerns with the NSW Government.  

Specific concerns include:

Rights of ownership In the normal course of business. The submission says that an owner or manager has the right to examine an employee's work without first having to give notice to that employee. It claims this is not a question of intruding but simply good business practice ensuring work is up-to-date, and of the required standard.

The submission says that if it is acceptable to check on the work of an employee,  where is the logic is in denying an owner or manager the right to check that an employee's paid time is being spent productively?

Such denial prevents owners and managers from effectively managing the business and has the potential to drag down the performance of the business. In an industry where margins are so tight, such an additional impediment could be catastrophic.  

Commercial Implications Another concern is the potential for commercially sensitive information to be inadvertently or otherwise lost or stolen by employees. The employer would lose control over information sent via e-mail or through website and Internet usage.

Customer lists and other commercially sensitive material must be protected and Printing Industries argues that the employer's right to protect such information should not be watered down with the introduction of this legislation. 

Many companies have also experienced fraud and illegal activities by employees on company computers. The legislation would only benefit criminals who would be protected by the monitoring restrictions.             

Practicalities. The submission says that it is conceivable local councils may not allow signs to be placed at all entries to places proposed for camera surveillance.

There could also be practical difficulties in complying with the requirements affecting computer surveillance. This includes where it it would be necessary to give employees either clearly visible written notice on or in the vicinity of the computer concerned, or by audible announcement or written notice from the computer concerned when the employee logs on or opens a relevant program.

With tracking surveillance the situation becomes even more absurd. The proposal requires that tracking surveillance can only be used where notice is also given in advance by means of a notice clearly visible on the tracked device.

With mobile phones becoming smaller,  this requirement may become difficult to comply with. The submission asks whether the tracking of an employee by checking mobile phone statements would be allowable? "Surely this is simply a prudent checking of expenses?", the report says. 

Costs. Since the printing industry operates on very fine margins, any additional imposts would severely erode the competitiveness of the industry and the firms operating in it. Clearly the measures proposed will add to operating costs. Costs would be incurred in the design and printing and possible local government licensing costs of any signs required to be placed in a workplace or on cameras etc.

Additional costs would be incurred in computer programming for pop up style signs to appear on computer screens when employees log on.   If a company wanted to undertake covert surveillance, there would be the additional costs of the legal fees incurred in obtaining the covert surveillance authority from a Magistrate.

The submission concludes that the issues raised combine to make the efficient running of a business more problematic in an increasingly global and competitive world.