NSW Video / Voice Recording in Public, is it illegal or legal?

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DavidI

Well-Known Member
20 November 2018
19
0
71
hello all,
I was in discussion with someone who has the idea that recording in public is illegal, there are many examples : such as dashcam in cars (video and sound), would that be considered illegal? also, recording while walking in the street or in a park (with sound) would that be considered illegal?
I saw lots of videos on Youtube where so called "Auditors" go and record people and staff of the force (police government etc...) in the streets and in the work place, and they try to get that staff engaged in a why so they can sue them, I understand that it is different in the USA than in Australia, but I like to know how much of that is applicable in Australia, so can you record a police officer while in duty in the streets or as they are working (like going into a building to respond to a call etc...), so As the public of Australia, do we have that authority?
I understand that you can not record a meeting (voice with/without video) in a work place but what about recording people in a public area or place such as in the street or the park, or the train station or in the train etc...
I would appreciate if any person can shed some light on this subject, it is good to have sound knowledge about it,

thanks,
 

sammy01

Well-Known Member
27 September 2015
5,152
720
2,894
no simple answer with law. Filming is less problematic. What you do with the footage is where the problem lies. The laws are pretty relaxed, yup can film in any public place. There are exceptions. Filming from a public space into a private space - a public toilet = public space - but not the urinals or toilets...

Public space - a street. Camera pointed into someone's bedroom window would be a problem.
Audio - pretty much the same. You can't film a phone call without permission of the other party. But you can record a conversation between two people and do so without asking permission or even letting them know it is happening.

Will the footage be permitted in court if your intention is to film to 'prove' something in a court of law... Well, maybe.
So no real clear cut and definitive answer.
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
In general, this is all covered by the NSW Surveillance Devices Act.

Start with the following:
Part 1:
Sections 2A and 4.

Take particular notice of the definitions of listening device, optical surveillance device, party, principal party and private conversation in section 4(1); and the content of section 4(3) and 4(4).

Part 2:
Section 7 applies to listening devices.
Section 8 applies to optical/video devices.
Section 9 applies to tracking devices (includes GPS).
Section 10 applies to data devices.
Sections 11 to 14 apply to all of the above.

Additional/other laws apply to certain circumstances in workplaces; e.g. employers recording employees.