VIC Third Party Access to CCTV footage - nonconsensual

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Lyz Martin

Member
23 November 2020
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0
1
I was filmed in a private home (not mine), unbeknownst to me this film was accessed by a third party. The owner of the private home gave the access code for the CCTV cameras to the third party. Owner did not let me know a third party had access to the cameras. I did know that the cameras existed from the outset and was told only the owner of the property had access to the footage for security of the owners business. I did not know that another person had access to the footage and not sure what that person has done with any footage that has been gathered. How can I make sure that any footage of me hasn't been distributed further without contacting either the owner of the property or the third party in person?
Kind regards
Elizabeth
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Am I right in thinking that this footage depicts acts that are... typically done in private?

How did you come to know that the footage existed?
Do you know who the third party is?
Is there any reason think that it has been circulated by the third party?
 

Lyz Martin

Member
23 November 2020
2
0
1
Hi Tim W,
In answer to your first question, yes. Third party called me to tell me that they had access and had seen footage. I do now know who the third party. Up to this point I don't think any footage has been circulated by the third party. I am concerned though that it may be in the future. What of the CCTV/business owner allowing footage to be accessed by others?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,896
716
2,894
Sydney
Subject to the facts and circumstances, then there are two aspects to think about.

The first is questions of criminal law.
There are offences in Victoria relating to recording people
performing (what are typically private) acts without their knowledge and consent.
There are also Commonwealth offences related to using a carriage service (ie "using technology")
to harass, threaten, intimidate, etc.

The second aspect is civil.
Deception, defamation, harassment etc.

I am assuming here that either you had no knowledge of, and/ or had not consented to, being recorded,
or, if you did know, that you did not consent to any publication.
In either case, your possible actions here appear to lie, firstly, against the owner of the cameras.

Although it's not legal advice, you may find this useful to start.
 
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