Abstract

Surveillance and monitoring have become controversial issues in the modern workplace. The increasing use of electronic surveillance as a management technique, including Email, Internet monitoring, electronic performance measurement, and other workplace surveillance, has changed how employers monitor productivity and job performance, forming a new concept: Electronic Workplace. Especially during the pandemic, these new methods of gathering information in the electronic workplace about workers have become more common and intrusive than traditional forms of physical supervision because employers can conduct monitoring in secret, and it can be continuous and all-encompassing. As a result, employees' privacy interests may be affected even if the employer does not engage in physical monitoring. Thus, it is necessary to protect privacy in the electronic workplace.

Among the countries that have actively drawn on the EU's experience in law-based cyberspace governance and the protection of personal information and data, Australia and China have been particularly prominent in recent years. Since the enactment of the Privacy Act 1988 (Cth), Australia's privacy legislation has been amended and improved over the year. However, it was still hit by a serious data breach in 2021. Thus, Attorney-General’s Department released the Privacy Act Review Report 2022 seeking suggestions for improving privacy protection in Australia. Against this background, this article focuses on privacy protection in the Australian electronic workplace and seeks to respond to the Privacy Act Review Report 2022. Similarly, it is not enough protection for employees’ privacy in the Chinese electronic workplace. Therefore, based on the suggestions made for Australia and China’s current protection status, it also aims to provide suggestions for developing privacy protection in the Chinese electronic workplace.