NSW Surveillance Devices Act 2007 - Requests for Home CCTV Footage

[RosieD]

Reading the Act it seems really clear to me.

A private residential CCTV operator cannot under any circumstances willingly provide footage from their devices to anyone unless that footage is required by law enforcement.

Am I far off the mark with this?

 

[John R]

Hi @RosieD
Assumptions

1. As a private residential home security camera/CCTV operator, you are exempt from the Privacy Act 1988 (Cth). See also Security cameras
2. You are referring to the current Surveillance Devices Act 2007 (NSW) at NSW legislation

Sharing Recordings
There are multiple circumstances and offences which may apply.
For example, sharing (communicating or publishing) a recording of a private conversation recorded using a private home security camera/CCTV (assuming it has video and audio recording capability like many do today) where section 11 may apply.
For section 11, in addition to a law enforcement or police search warrant request, recordings can also be shared in circumstances where 2(a) or 2(b) apply.

11 Prohibition on communication or publication of private conversations or recordings of activities
(1) A person must not publish, or communicate to any person, a private conversation or a record of the carrying on of an activity, or a report of a private conversation or carrying on of an activity, that has come to the person’s knowledge as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device in contravention of a provision of this Part.
Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).
(2) Subsection (1) does not apply to the following—
(a) if the communication or publication is made—
(i) to a party to the private conversation or activity, or
(ii) with the consent, express or implied, of all the principal parties to the private conversation or activity, or
(iii) for the purpose of investigating or prosecuting an offence against this section, or
(iv) in the course of proceedings for an offence against this Act or the regulations,

(b) if the communication or publication is no more than is reasonably necessary in connection with an imminent threat of—
(i) serious violence to persons or of substantial damage to property, or
(ii) commission of a serious narcotics offence.

(3) A person who obtains knowledge of a private conversation or activity in a manner that does not involve a contravention of a provision of this Part is not prevented from communicating or publishing the knowledge so obtained even if the same knowledge was also obtained in a manner that contravened this Part.

Popular home security camera/CCTV solution providers like Ring put all legal responsibility on the operator in their Terms, e.g. Terms

Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Ring, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to:
(1) any laws or regulations relating to the recording or sharing of video or audio content,
(2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services (for example, laws or regulations requiring you to display appropriate signage advising others that audio/visual recording is taking place), and/or
(3) any laws or regulations requiring
(a) that installation of any Product which takes visual and/or audio recordings be installed at such an angle that it does not take any recordings beyond the boundary of your property (including public pavements or roads); and
(b) that, if you use your property as a workplace, you comply with laws governing the monitoring of employees.

If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.

 

[karissatbeltran]

I see it’s been a while since you’ve posted, but I just want to ask—has anyone had success getting footage released without a police request if both parties agree? I’m curious about how consent between the parties works under the Surveillance Devices Act and if written permission makes a difference when sharing home CCTV. Wondering if anyone’s dealt with this recently and how it played out.

 

[LostEcho]

I had a similar issue and ended up checking out Vivint.com since I wanted to be sure the CCTV system I use followed local laws. Their setup made it easy to manage who sees the footage and when, and it helped avoid any misunderstandings with neighbours. I also found it easier to respond to requests without sharing more than I needed to.

 

[Tim W]

Am I far off the mark with this?

Yes.

Perhaps you could tell us what you mean by "private CCTV operator" in this case?

 

[Scruff]

Reading the Act it seems really clear to me.

A private residential CCTV operator cannot under any circumstances willingly provide footage from their devices to anyone unless that footage is required by law enforcement.

Am I far off the mark with this?

"... cannot under any circumstances ..." - Yes, this is WAY off the mark.

For the NSW Surveillance Devices Act to apply to the sharing of recordings etc, the installation and/or use of the camera MUST be in breach of another section in Part 2 of the Act, specifically section 7(1) for audio or section 8(1) for video.

If there is no breach of sections 7(1) or 8(1), then sections 11, 12, 13 and 14 do not apply to any recordings or information obtained from the camera and the operator can freely share or publish whatever they like.

Sections 11 to 14 are far more likely to apply to the misuse of mobile phones and other portable devices than CCTV cameras or dashcams.

7 Prohibition on installation, use and maintenance of listening devices

(1) A person must not knowingly install, use or cause to be used or maintain a listening device—​

(a) to overhear, record, monitor or listen to a private conversation to which the person is not a party, or​

(b) to record a private conversation to which the person is a party.​

Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).​

...​

8 Installation, use and maintenance of optical surveillance devices without consent

(1) A person must not knowingly install, use or maintain an optical surveillance device on or within premises or a vehicle or on any other object, to record visually or observe the carrying on of an activity if the installation, use or maintenance of the device involves—​

(a) entry onto or into the premises or vehicle without the express or implied consent of the owner or occupier of the premises or vehicle, or​

(b) interference with the vehicle or other object without the express or implied consent of the person having lawful possession or lawful control of the vehicle or object.​

Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).​

...​

11 Prohibition on communication or publication of private conversations or recordings of activities

(1) A person must not publish, or communicate to any person, a private conversation or a record of the carrying on of an activity, or a report of a private conversation or carrying on of an activity, that has come to the person’s knowledge as a direct or indirect result of the use of a listening device, an optical surveillance device or a tracking device in contravention of a provision of this Part.​

Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).​

...​

12 Possession of record of private conversation or activity

(1) A person must not possess a record of a private conversation or the carrying on of an activity knowing that it has been obtained, directly or indirectly, by the use of a listening device, optical surveillance device or tracking device in contravention of this Part.​

Maximum penalty—500 penalty units (in the case of a corporation) or 100 penalty units or 5 years imprisonment, or both (in any other case).​

...​