Biometric data for right to work

In Australia and New Zealand, employers are not required to store biometric data, such as a copy of the passport, to comply with right-to-work laws. However, they must retain evidence that they have checked and verified an employee's work eligibility.

Biometric data refers to unique physical or behavioural characteristics used to identify individuals. In the case of identification it is usually facial features in digital images or scans of a person's face.

These forms of data are considered highly sensitive and are subject to strict privacy and security regulations.

Why avoid storing biometric data?

• Privacy laws: biometric data is considered "sensitive information" under privacy laws in both jurisdictions and is subject to stricter handling requirements. Employers must only collect and retain what is strictly necessary.
• Data security: storing biometric data increases the risk of data breaches, which could lead to legal liabilities under privacy laws.

What must be stored for right to work?

Employers are required to keep sufficient evidence to demonstrate compliance. This includes:

• Details of the document checked: For example, noting the passport number and its expiration date.
• Confirmation of work rights: Records showing the person’s eligibility, such as a verified right-to-work check.

What you don’t need to store for right to work?

Employers do not need to store the passport image or biometric data, such as facial features or fingerprints embedded in the passport.

Best practice for right to work

Instead of storing biometric data

• Retain a record of the verification process, such as a written or electronic note confirming that the document was sighted and verified.
• Use secure systems to document and confirm compliance without needing to hold copies of passports or sensitive biometric data.

This approach ensures compliance while protecting employee privacy and reducing the risk of mishandling sensitive information.

Third-party systems

Several third-party systems are available to assist with biometric collection and verification processes. These tools provide streamlined solutions for managing right-to-work compliance while ensuring data security and privacy.

Each of these systems provides unique advantages tailored to their respective jurisdictions. For New Zealand employers, VisaView and RealMe offer reliable, government-backed solutions for verifying identity and work rights. In Australia, VEVO ensures accurate visa checks, while CheckWorkRights goes further by providing ongoing monitoring and automation, making it an ideal choice for businesses handling a large workforce or managing multiple visa holders.

VisaView (New Zealand only)

VisaView is a government-provided system that enables employers in New Zealand to check a person’s visa details and work eligibility directly with Immigration New Zealand.

• Direct and accurate: Accesses real-time visa information directly from government records.
• Free to use: No additional cost to employers but cannot currently be automated because of terms and conditions restrictions
• Secure: Maintains a high standard of data security and privacy.

RealMe (New Zealand only)

RealMe is a secure online identity verification service that allows individuals to prove their identity to businesses and government agencies.

• Identity assurance: Provides a verified digital identity that is widely accepted in New Zealand.
• Convenient: Reduces the need for employers to collect physical identification documents.
• Time-saving: Speeds up the onboarding process by eliminating manual identity checks.
• Trusted: Backed by the New Zealand government, ensuring reliability.

VEVO (Australia only)

Visa Entitlement Verification Online (VEVO) is a government-operated system that allows Australian employers to check a person’s visa conditions and work entitlements.

• Official source: Provides accurate, up-to-date information from the Australian Department of Home Affairs.
• Compliance support: Helps employers meet their legal obligations for hiring workers with valid work rights.
• Free service: Accessible at no cost to employers.

CheckWorkRights (Australia only)

CheckWorkRights (CWR) is a third-party platform designed to manage ongoing right-to-work compliance for both temporary and permanent employees and uses other systems amongst them VEVO.

• Automation: Offers automatic monitoring of visa expiry dates and changes in work eligibility.
• Integration: Can integrate with existing HR systems for seamless compliance management.
• Customisable: Tailored options for businesses of different sizes and needs.
• Proactive compliance: Sends alerts and reminders, reducing the risk of non-compliance.

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See how PICMI works with CheckWorkRights