SA Camera on house overlooks school property and students

[Craig123]

I have a cctv camera installed on my house (suburb in Adelaide) and it views the maintenance area of the private school next door. It also captures when people and students walk through that area.

I think legally this is not an issue. The school has asked me to reposition the camera but I want it viewing in this area.

The federal Privacy Act and the South Australian Surveillance Devices Act do not seem to forbid capturing the school property nor students/children in this type of scenario.

Am I legally sage to keep the camera in tge current viewing position.

 

[Tim W]

I have a cctv camera installed on my house (suburb in Adelaide) and it views the maintenance area of the private school next door. It also captures when people and students walk through that area.

You have it aimed deliberately into this space?
Why? Privacy questions or not, what makes what goes on there any of your business?

I think legally this is not an issue.

What you think doesn't matter.

The school has asked me to reposition the camera but I want it viewing in this area.

Why do you want that?
And why would you refuse?

The federal Privacy Act and the South Australian Surveillance Devices Act do not seem to forbid capturing the school property nor students/children in this type of scenario.

It's not a question of privacy. It's a question of using technology to harass, intimidate, and threaten.
And because filming kids to which you have no reasonable connection is a bad idea.

Am I legally sage to keep the camera in tge current viewing position.

Impossible to say without knowing the full back story and seeing the request from the school (is it a letter?)
But if I was the school's lawyer, then I'd be after you on several different grounds, to get you to stop.

Overall:

As a general thing, if a security camera (or like device)
overlooks adjacent property incidentally and perhaps unavoidably
to watching its main "target area" (proof of which lies with you),
then that's pretty much too bad for the occupant adjacent property.
However, if a person deliberately targets part of adjacent land (which is how your question reads),
then that can give rise to numerous legal issues, depending of the facts and circumstances.
And none of them a breach of supposed privacy.

 

[Craig123]

Thanks for reply, Tim.
You have valid questions/concerns.

You are correct, I am actually targeting that section of the school. This is because there is continually very loud noise due to activity in the maintenance area that disturbs myself and some of my neighbours. The noise starts as early as 6.45am and often about 6 episodes of loud banging before 8.30am. The noise level is as loud as throwing a fist sized rock at a corrugated iron fence. So the camera is to document these episodes (not to actually to film students) and so could be considered in the public interest.

I have lodged a complaint with our council and the Compliance Officer requested that I document the noise. I have informed him that I am using the camera and it captures the area of activity in the school property; he has not said anything about the camera nor the viewing area.

The school made the request (to reposition the camera) via email and simply stated that due to child protection filming is not allowed. I informed the school that the camera is not on their property but I would change the viewing area if it was not legal.

I have since researched online and this has informed my thinking, or opinion, that I am not doing anything that is prohibited. However, I certainly will move the camera if it is unlawful.

So do you think I have valid reason to film the area, especially noting that the camera is not on the school property and any images of children will not be posted online and are not sexual nor for perverted gratification (very few students walk through the maintenance area).

 

[Craig123]

Regarding the noise: my house is about 15 metres from where the noise occurs. I live in a group of units. 4 other units are a similar distance. The noise has woken us up many times as would be expected of noise as loud as a large rock hitting a corrugated iron fence.

The issue is compounded because schools are exempt from nuisance noise laws. The council officer has advised us about this and so he will liase/mediate for us to get resolution.

 

[Tim W]

Your best bet may be to stick your head over the fence
and be a reliable first hand witness to the sound as it's being made.

 

[Craig123]

I will continue using the cctv to protect my neighbours' and my own lawful interest. Video is very strong proof, stronger than my eyewitness account.

It seems unusual that the school does not think that the loud noise (similar noise level to a large rock being thrown at a corrugated iron fence) is too excessive when houses are within 20m and the noise often happens as early as 6 45am.

Thanks Tim for replying and providing some general opinion and thoughts. It did help me with my research on the legality of my use of the camera.