# Employee privacy Official source: https://www.employment.govt.nz/fair-work-practices/employee-privacy Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Fair work practices Employee privacy Fair work practices Fair work practices Workplace policies and procedures Employee privacy Restructuring and workplace change Unions and bargaining Ethical and sustainable work practices COVID-19 in the workplace Pay and gender equity Flexible working Everyone Employee privacy Learn about employer and employee rights and responsibilities around privacy at work. Collecting personal information about employees Employer responsibilities Employers must comply with the Privacy Act 2020 and Privacy Principles, which govern how they can collect, store, use and share employee-related information. This includes information about job applicants. The hiring process The information employers collect from employees, and how they will store and use it, should be set out in a workplace policy Workplace policies and procedures explain the rules and expectations in the workplace. or in the employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. . Creating workplace policies and procedures Privacy Act 2020 and the Privacy Principles - Office of the Privacy Commissioner (external link) Employee rights Employees can ask their employer for access to the personal information they hold about them. Your privacy rights - Office of the Privacy Commissioner (external link) What information is my employer entitled to collect while I’m working? - Office of the Privacy Commissioner (external link) Reporting serious wrongdoing There are privacy protections for employees who report serious wrongdoing in their workplace. This is also called ‘whistleblowing’ or ‘making a protected disclosure’. Protected disclosure Monitoring, recording and filming at work Anyone who wants to record a meeting at work needs to be careful that they: comply with the Privacy Act, and do not breach their good faith obligations. For example, recording a meeting at work secretly — without the other person knowing — could be considered a breach An act of breaking a law, promise, agreement or relationship. of good faith An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way. . Good faith Employers who are considering monitoring, recording or filming employees should also think about how it could affect employee morale and productivity. Employees might not feel trusted if they are being monitored at work. Using cameras, software or other equipment to monitor, record and film employees at work must be done in line with the Privacy Act 2020 and privacy principles. Employers who decide to go ahead should: develop a workplace policy that explains why and when this will happen make sure the policy complies with the Employment Relations Act 2000 and the Privacy Act 2020 consult with employees (and unions if applicable) make sure employees know about the policy and why it’s needed. For more information, visit: Can I record a meeting with my boss or employee? - Office of the Privacy Commissioner (external link) Can I record my employees? - Office of the Privacy Commissioner (external link) Can I monitor employee use of work computers and accounts? - Office of the Privacy Commissioner (external link) Searching personal belongings Employers do not have a right to search employees’ personal belongings unless they have a clear and legal reason to do so. Does a search of my bag or other personal property raise any issues under the Privacy Act? - Office of the Privacy Commissioner (external link) Contacting employees outside work hours Employers should avoid contacting employees outside normal work hours unless it’s necessary, for example, if: there’s an emergency the employee is on-call there’s something important the employee needs to know, for example, to make sure they are properly consulted as part of a change process while on leave the employee has not turned up for work and has not made contact to explain why the employee is suspended. Generally, an employer cannot enter an employee's home without their consent unless the law allows them to — for example, if the employer is also the landlord of the property. If the employer thinks an employee has stolen their property, they need to involve the police. Personal relationships at work Workplace friendships can improve job satisfaction, productivity and loyalty to the workplace. However, sometimes a personal relationship at work or outside work can become a problem — for example, it can create a conflict of interest. If this happens, the employer might need to know so they can take appropriate steps to minimise the conflict. For example, if a manager starts a relationship with someone who reports to them, the employer might move the employee or the manager to a different team. Any actions an employer takes must be in line with the employee’s employment agreement and any workplace policy. Keeping your personal life private — tips for employees As an employee, think about the balance between work and home that you want and what your boundaries are. This will not be the same for every person or workplace. You do not have to tell your employer what you do or who you spend time with outside work unless it impacts on your ability to do your job. For example, if you take medication that makes you drowsy and your job is to control dangerous machinery, you have a duty to tell your employer because it impacts on your ability to do your job safely. Some things you can do to keep work and home life separate are suggested below. Avoid making unnecessary personal phone calls at work. Avoid commenting in social media about your job, employer or colleagues. Adjust social media privacy settings to control what you share and who you share it with. Don’t use your personal Facebook or other personal social media profiles for work. If you have a work-related social media, avoid using it to post about your private life. Use your work email address for work and your personal email for everything else. Your employer is entitled to view your emails on the work email system, especially if you are using an email address that your workplace assigned you. Consider how you use the internet at work. Employers can monitor sites you are looking at to make sure they are appropriate. Can an employer access my personal email account on a work computer? - Office of the Privacy Commissioner (external link) Published: 11 March 2024 Last modified: 14 August 2025 Written for: Everyone Share this page: Print this page: