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In this episode, Corporate and Commercial Senior Associate Suzy McMillan is joined by Employment Partner June Hardacre to continue their discussion on employee and workplace privacy considerations.

In their previous episode, June and Suzy highlighted key policies and practices organisations should implement to ensure compliance with employee privacy obligations. In this episode, they take a deeper dive into the topic, this time focusing on the actionable privacy rights of employees.

[00:33 ] Suzy begins by highlighting the episode’s focus on actionable privacy rights, and more specifically how to respond to IPP 6 requests under the Privacy Act 2020 from employees as opposed to customers.

[01:33 ] June explains typical employee motivations for requesting personal information, such as in redundancy and workplace dispute situations.

[03:48 ] Suzy and June discuss a step-by-step approach to dealing with IPP 6 requests from employees. As a first step they stress the importance of defining and communicating timing and scope to provide clarity for the requestor and to ensure the organisations meets their compliance obligations. 

[08:55 ] They consider how employers should then go about completing the search and assessment process for an employee IPP 6 request, discussing particular tools, such as AI, that can assist in processing the information.

[10:29 ] Suzy queries how employers should document the process. June explains that an agreed methodology based on the scope is fundamental to organise the information disclosure process. They highlight the value of open communication, documenting the review process, and using a clear, strategic response to maintain transparency and efficiency.

[18:14 ] Suzy and June consider if there is any ability to charge for IPP 6 requests beyond a nominal mount

[19:41 ] June then suggests strategies for granting access to requested information, while keeping it separate from other unrelated, yet sensitive information.

[22:30 ] Rounding out the step-by-step process, they lastly consider how to respond and report the information to the employee to finalise the IPP 6 request process.

Information in this episode is accurate as at the date of recording, 8 November 2024.

Please contact June Hardacre or Suzy McMillan if you need legal advice and guidance on any of the topics discussed in the episode.

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