What information is my employer entitled to collect while I’m working?

Employers must comply with the Privacy Act 2020 and Employment Relations Act 2000 when collecting personal information about employees. Your employer should be clear about what personal information will be collected and how it will be used and stored in their workplace policies or in your employment agreement.

Your employer can only collect the information which they need to carry out their legitimate functions and can only collect identifying information about employees if necessary for carrying out a lawful function.

They are not allowed to collect your information just because they can. They have to be able to justify why they need to collect the information in order for the business to function.

Your employer should also be open with you about what information they are collecting about you and what they will be using the information for – what they plan to do with the information.

Additionally, they cannot collect information in ways that are unreasonably intrusive.

If you are concerned about the personal information your employer is collecting, you should first check to see whether there are any relevant provisions in your employment agreement, or in any other workplace policy. For instance, many workplaces which use computers, devices or work phones will have a policy relating to personal use of the computer system or phones. If there isn’t any relevant policy, you should speak with your manager or the privacy officer for your agency. You should ask the privacy officer (or your manager) to explain why it’s necessary for them to collect your information.

If you are unhappy with the response and believe the collection of your information is not necessary or appropriate, then you can make a complaint to us.

Employment New Zealand have more information on what employers can and can't collect(external link).

Updated October 2025