Businesses using fingerprint scanners to monitor their workforce can legally sack employees who refuse to hand over biometric information on privacy grounds, the Fair Work Commission has ruled. From a report: The ruling, which will be appealed, was made in the case of Jeremy Lee, a Queensland sawmill worker who refused to comply with a new fingerprint scanning policy introduced at his work in Imbil, north of the Sunshine Coast, late last year. Fingerprint scanning was used to monitor the clock-on and clock-off times of about 150 sawmill workers at two sites and was preferred to swipe cards because it prevented workers from fraudulently signing in on behalf of their colleagues to mask absences.

The company, Superior Woods, had no privacy policy covering workers and failed to comply with a requirement to properly notify individuals about how and why their data was being collected and used. The biometric data was stored on servers located off-site, in space leased from a third party. Lee argued the business had never sought its workers’ consent to use fingerprint scanning, and feared his biometric data would be accessed by unknown groups and individuals.

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