Can my employer keep a copy of my passport in Australia?

Understanding passport copies in the workplace

In Australia, an employer can keep a copy of your passport if it is necessary for lawful and legitimate purposes, such as verifying your right to work under the Migration Act 1958. Many employers request a copy during onboarding to comply with immigration and employment laws. However, they must handle and store your personal information in line with the Privacy Act 1988 and relevant Australian Privacy Principles (APPs).

While holding a copy of your passport may be lawful, your employer must ensure the information is used only for its intended purpose and kept secure to prevent unauthorised access or misuse. This means they cannot use or share it without a valid reason permitted by law.

Here are key points to consider regarding passport copies at work:

Legitimate reasons

Your employer may keep a copy of your passport if it is required for verifying your identity, confirming work rights, or meeting other legal obligations. This is common for both Australian citizens and non-citizens under immigration compliance checks.

Privacy obligations

Employers must comply with the Privacy Act 1988, ensuring your personal information is collected lawfully, stored securely, and only used for its intended purpose. They cannot use your passport details for unrelated matters without your consent.

Secure storage

Copies of passports should be stored in secure systems or locked physical storage. Access should be restricted to authorised staff who need the information to perform their duties.

Retention and disposal

Employers should not keep your passport copy indefinitely. Once it is no longer required for legal or business purposes, it should be securely destroyed or deleted in accordance with the APPs.

Your rights

You can ask your employer why they need a copy, how it will be stored, who will have access to it, and when it will be destroyed. You can also request access to the copy they hold of your passport.

Breach consequences

If your employer mishandles your passport information, it may constitute a breach of privacy laws, which can be reported to the Office of the Australian Information Commissioner (OAIC).

In summary, your employer can lawfully keep a copy of your passport in Australia if it is necessary for a legitimate and lawful reason, and they comply with privacy and data protection laws. It is always reasonable to ask how your personal information will be handled, and to ensure it will be deleted once no longer required.

If you believe your passport copy has been misused or stored improperly, you can seek advice from the OAIC or the Fair Work Ombudsman for guidance on your next steps.