Workplace biometrics: Protecting employee privacy one fingerprint at a time

Abstract

This article examines the contested terrain of protecting or providing biometric data in the workplace. Through a major case study in Australia, a decision to terminate employment on the grounds of non-consent for biometric data to be collected was overturned through the legislative system. The case is important in that it highlights the increased impetus to collect such data and the arbitrary nature of legal protection. However, the results of this significant case do provide improved clarity and guidance on the usage, collection, storage and management of biometric data. It also signals to management the need to understand employees’ rights and their own obligations around the informational privacy of employees.