What rules apply to businesses using CCTV?
A business that uses CCTV will likely have obligations under several laws. If the business is covered by the Privacy Act, the handling of any personal information it collects through the use of surveillance devices, including CCTV, will need to comply with the APPs.
Generally, any business that uses CCTV will need to notify you before you are recorded that your image may be recorded by CCTV. A business also has obligations to ensure any personal information it records about you is kept secure and is destroyed or de-identified when it is no longer required.
State laws generally regulate the installation and use of CCTV. You can contact the Attorney General’s Department in your state or territory for more information on your state or territory’s surveillance and monitoring laws.
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What can I do about my neighbour’s security camera?
If your neighbour has a surveillance camera pointed at your house and you are worried about your privacy, the best thing to do is talk to your neighbour about it. If this doesn’t work you could approach your local community justice or neighbourhood mediation centre for help resolving the issue.
Surveillance cameras operated by individuals are not covered by the Privacy Act 1988, but they may be covered by State or Territory law, and the police may be able to help you for very serious matters.
State laws generally regulate the installation and use of CCTV. You can contact the Attorney General’s Department in your state or territory for more information on your state or territory’s surveillance and monitoring laws.
If your property is part of a strata title, you could also enquire as to whether CCTV is contravening a bylaw. You could contact your local council to find out whether the practice may contravene any local laws. Some councils may require planning permission for CCTV.