Surveillance Act 2007 NSW - Legalities in The Use of Video Cameras at Home???

I just installed some security cameras at home pointing out to the front porch/driveway and backyard. Now the wife has questioned whether I need a warning sticker at the front door. Being in NSW I was looking up the Surveillance Act https://www.legislation.nsw.gov.au/#/view/act/2007/64/full and it's very confusing. It states I can't record audio unless all parties consent, however if using cameras only the owner of the property requires permission. So if a camera has a microphone does that mean all parties must consent?

Is a warning sticker now then required???

What does that mean for dash cameras that record audio, do all parties require consent? Or is the case of just turning off the microphone, which I have already done, but that was to minimise the file size.

Comments

  • +4

    whether I need a warning sticker at the front door.

    Yes. This then goes to "implied consent". It also acts as a deterrent to would-be intruders.

    It states I can't record audio unless all parties consent

    Correct-ish. You can only record audio that you are a party to. You cannot covertly record conversations you are not party to.

    What does that mean for dash cameras that record audio, do all parties require consent?

    If you are in the car and party to the recording, no, you do not require consent.

    If you are not in the car, then yes, consent to record people would be required. This is why a lot of car dealers will unplug your dash cam when they service and road test the vehicle. (or you get threads like the "tissue boxes are sooooo gay" thread.)

    Source: Did a trade course recently, where a 2 week component of it was installing of security cameras. About 80% of the class time was dedicated to the laws around recording, where you can and where you cant.

    • +3

      Is there anything you don't do?

      I propose we rename Wikipedia to pegapedia.

      • It was part of Locksmithing. It was covered in the "access/control security systems" part of the course. (ie: The "we've run out of things for you to learn in 3 years of TAFE, so to pad out till the end of the year, here is an introduction to security systems")

        Plus I'm a mechanic, so I had to research the laws for when we had customers cars in with dash cams in them.

        Also: Variety is the spice of life. I don't like the idea of spending 40 years doing the same job, so I dabble in anything that takes my fancy at the time.

    • Did a trade course recently, where a 2 week component of it was installing of security cameras. About 80% of the class time was dedicated to the laws around recording, where you can and where you cant.

      What about strata installing cameras in the swimming pool area where people sunbathe? It's put a lot of people off from sunbathing near the pool .

      • What about strata installing cameras in the swimming pool

        Are there signs saying there is security cameras in the area? Are they pointing at places that would otherwise be considered private?, Like, in or around the change rooms?

        • It's pointed at the pool and the sunbathing area surrounding the pool.

          Are there signs saying there is security cameras in the area?

          yes

          Like, in or around the change rooms?

          no

          Are they pointing at places that would otherwise be considered private?

          no

          • @Numlock:

            yes

            "implied consent"

            no
            no

            Then there is your answer. They're not recording areas where there is a "reasonable expectation of privacy" and people are warned that there are cameras. If you enter the area and remain in the area, you have "consented" to being recorded.

    • Is it actually an offense to record the audio?

      If so it's an hilariously bad law. How many of you reading this have recorded video where someone else was talking? Was that illegal?

      • +1

        Is it actually an offense to record the audio?

        Yes.

        recorded video where someone else was talking? Was that illegal?

        Yes AND no. Were you party to the conversation?

        ie: Recording your friend talk mad shit about the tissues boxes in someones car? No problem. You're part of the conversation.

        Recording a mechanic test driving your car and talking mad shit about your tissue box, yes, problem, BUT, only if you release that recording, share it with others, give it to ACA, use it againt them or their employer.

        The other thing is, it's an offence, but someone really needs to pursue it for it really to have any affect. Is it illegal, sure, do most people care enough to do anything about it, not really. Could they, most definitely.

        • -1

          Thanks for clarifying.

  • did the cams you got come with a brand sticker?

    just stick that in the front window it will suffice

    • There were no stickers with the cameras.

  • I think your over thinking it.

    The law regarding audio is to prevent against "bugging" and "tapping".

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