Steven Kaliszewski, employee of Corrections Victoria, was demoted from senior officer to prison officer after an investigation reviewed CCTV footage and found him spending excessive periods in the lunchroom and not supporting the safety and security of his workplace. Kaliszewski complained that from the use of CCTV footage in the investigation that the employer breached the Information Privacy Principles (‘IPPs’) outlined in Schedule 21 of the Privacy and Data Protection Act 2014 (Vic). The IPPs govern how Victorian public sector bodies manage personal information.

The Victorian Civil and Administrative Tribunal reviewed the alleged breaches of: 

  • IPP 1.3: respondent did not take reasonable steps to provide him with notice of the collection of his personal information (via CCTV footage); and 
  • IPP 2.1: in reviewing the CCTV footage, used the complainant’s personal information in a way not permitted. 

The employer outlined that after 16 years of service, Kaliszewski was fully aware that information was collected through visible and marked CCTV. The application was dismissed.

Case note: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2020/27.html?context=1;query=health%20and%20safety%20;mask_path=