Superior Wood fired Jeremy Lee early last year. Lee claimed in his suit that he, and not the lumber company, is the rightful owner of his own biometric data. Lee based his argument on Australia’s Privacy Act, claiming that his employer could not gather his personal data without his permission.
The Fair Work Commission at first ruled against Lee, with the commissioner overseeing his case finding that the company’s biometric policy was reasonable. But last month, the same commission found in favor of Lee. “We accept Mr. Lee’s submission that once biometric information is digitised, it may be very difficult to contain its use by third parties, including for commercial purposes,” the commission noted.
Joe Murphy, managing director at Australian Business Lawyers & Advisors, warns that employers need to be cautious in establishing workplace policies specific to biometric data as rules in this area are quickly changing.