Video Camera Privacy Laws

[GTRPowa]

What are the legalities of placing (for arguments sake) a dashcam and parcel shelf cam that faces outwards to monitor the streets for my own good?

I want to protect myself from several things, some while driving, some while parked.

I've heard that you can legally put cameras anywhere in any direction, as long as they are mounted to your car, as in, not mounted to a light post, letter box, street gutter, etc.

[VB-]

without seeing it in writing that sounds about right, not 100% sure on the law myself though

if they are external to the car, make sure they arent causing big protrusions you can get canaried for.

i think one of the other things was audio, theres something about survailance cameras and not recording audio to make them legit or something like that

[GTRPowa]

i think one of the other things was audio, theres something about survailance cameras and not recording audio to make them legit or something like that

Yes I would not need to record audio, except when if I am pulled over by a police officer. At this stage audio could be turned on.

I've heard about a recent spate of verbally abusive cops, also cops who are driving in a dangerous manner to entice.

This will not happen to me lightly.

[.:: GimpS-R34 ::.]

LOL for the rarity of it.. I would just carry a tape recorder.. Even your mobile has one.. And record every time the poilce pull you over.. I also believe you arent required to inform them you are recording.. And get their details.. If you are being enticed to speed.. Don't speed.. Fairly simple context.. It's certainly cheaper than a video recorder setup..

I'm sure there is no law being broken if you have a video camera setup in your car.. You can legally record into someones house if you are on public land.. This is of course as long as you're following current car laws regarding nothing above dash.. Nothing protruding outside the car, etc..

[4teecal]

LOL for the rarity of it.. I would just carry a tape recorder.. Even your mobile has one.. And record every time the poilce pull you over.. I also believe you arent required to inform them you are recording.. And get their details.. If you are being enticed to speed.. Don't speed.. Fairly simple context.. It's certainly cheaper than a video recorder setup..

In NSW you must inform parties of private conversations they are being recorded and also seek their consent.

I'm sure there is no law being broken if you have a video camera setup in your car.. You can legally record into someones house if you are on public land.. This is of course as long as you're following current car laws regarding nothing above dash.. Nothing protruding outside the car, etc..

Laws regarding optical surveillance devices are covered in the workplace surveillance act and the surveillance devices act. Notwithstanding other legislation there are very few restrictions to the use of video recording in PUBLIC place.

[Shazza24]

Is the camera going to have time/date display? generally to use video evidence in court these are needed and have to be accurate. Anyone ever notice the time/date on police video footage?

[saliya]

In NSW you must inform parties of private conversations they are being recorded and also seek their consent.

Hey

Can you provide a link to the relevant legislation?

http://www.austlii.edu.au/au/legis/cth/con...ct/taaa1979410/ - Telecommunications (Interception and Access) Act 1979

says you can't intercept telecommunications without the knowledge of the communicating parties (it says nothing about consent).

So, for example, recording a telephone conversation is not permitted without advising all parties they are being recorded.

But even if you say "don't record me", AFAICT once you've been advised of the recording the Act's requirements are met.

Of course, if an organisation says "we're going to record you anyway" you're perfectly entitled to hang up.

But I'm not aware of any legislation that says you can't (for example) walk around with a video camera, recording everything that happens in public places;

whether or not you advise people they are being recorded.

So any pertinent information would be appreciated.

Cheers,

Saliya

Edited August 8, 2010 by saliya

[GTRPowa]

Is the camera going to have time/date display? generally to use video evidence in court these are needed and have to be accurate. Anyone ever notice the time/date on police video footage?

Yes they would of course have time stamping. If I'm going to do this, I'm going to do it right. The 2 main things under question is if you have to tell the officer he is being recorded (BY LAW, if you think that's the case, show the legislation), and also, if it's legal to record public activity in this manner. Otherwise there is a chance in the courts they would throw the footage out, the same way they'd throw a case out if police smash your door down and find drugs/weapons without a warrant.

Can you provide a link to the relevant legislation?...

...But I'm not aware of any legislation that says you can't (for example) walk around with a video camera, recording everything that happens in public places;

whether or not you advise people they are being recorded.

So any pertinent information would be appreciated.

Cheers,

Saliya

^This

Edited August 12, 2010 by GTRPowa

[MrStabby]

Yes they would of course have time stamping. If I'm going to do this, I'm going to do it right. The 2 main things under question is if you have to tell the officer he is being recorded (BY LAW, if you think that's the case, show the legislation),

I'm not going to add much to the discussion as i cant quote legislation, but i have heard two opinions;

1. You have to inform them

2. You dont have to inform them if you are making the recording to protect your legal interests. And IIRC the concern is more around making the material available to others - ie if you keep it private, you have a different status than if you make it public. Perhaps its that making it public outside a courtroom rules out the protecting legal interests defense.

Another point is - the psychological impact on the officer if he knows he's under surveillance. It may well be worth informing him so he will change his behavior. Of course you'd want to be well informed about if he can refuse the surveillance or not first.

My mate is in a motorcycle club that got a legal expert along to run a presentation to the club about motorists rights.

[Kinks]

In NSW you must inform parties of private conversations they are being recorded and also seek their consent.

Yep, except that there is also legislation that says if a police car is equipped with video and audio surveillance they are REQUIRED to use it, and they must inform the driver that the conversation is being recorded and this is perfectly legal - the driver's consent is NOT required it is legal as long as they inform you it is being recorded.

Since you're not a policeman it may not be as straightforward in the other direction. I'd advise reading the laws to find out what you are allowed to do.

[Kinks]

I'm not going to add much to the discussion as i cant quote legislation, but i have heard two opinions;

Opinions are worthless, unfortunately. I could have an opinion that Richard Simmons is straight, and I'd be completely wrong and anyone who heard my opinion and believed it themselves would also be wrong.

Another point is - the psychological impact on the officer if he knows he's under surveillance. It may well be worth informing him so he will change his behavior. Of course you'd want to be well informed about if he can refuse the surveillance or not first.

Yes, and a fair chance of getting his back up as well. A policeman being recorded is within his rights to enforce the very last letter of the law as politely and professionally as he likes. Prepare to have your car and licence gone over in detail. If you are polite then they will often use DISCRETION and let you off with a warning or not even that.

If you are genuinely being harrassed by police despite a polite and courteous manner then recording your dealings is the next step. Otherwise you'll just make life harder for yourself by getting the cop on the wrong side of you right from the start.

[mad082]

on the note of recording the cop, it could possibly backfire on some people. there are plenty of people who are arseholes to cops when they get pulled over and seem to get on the defensive from the moment they get pulled over and then wonder why the cop then decides to start going over the car looking for things to defect them for (i know people like this and i've seen them act like this even when the cops are doing an RBT and are pulling over every car). if you had a video setup in the car you would want to make sure you are well behaved whenever it is filming because if they decided to take possession of the footage and it shows you doing a skid or street racing then you may be in trouble.

[Downforce]

What are the legalities of placing (for arguments sake) a dashcam and parcel shelf cam that faces outwards to monitor the streets for my own good?

I want to protect myself from several things, some while driving, some while parked.

I've heard that you can legally put cameras anywhere in any direction, as long as they are mounted to your car, as in, not mounted to a light post, letter box, street gutter, etc.

The legality depends on which state you are in. In NSW, it's covered by the Surveillance Devices Act 2007 (NSW). Link

Basically, use of an optical surveillance device owned by you, on your property or your vehicle is not restricted in NSW.

In Vic, this falls under the Surveillance Devices Act 1999 (Vic). Link

Video surveillance of activity happening outdoors is not restricted under Victorian law.

The Victorian Law Reform Commission recently compiled a report which discussed use of public place surveillance in Vic, it's a good read.

http://www.lawreform.vic.gov.au/wps/wcm/co...+-+final+report

[Shazza24]

Ok i cannot quote any laws, scriptures, etc but if in doubt slap a sticker of a readable size in an obvious spot on your car saying "Surveillance camera fitted" you would be covering your own hide in terms of legality unless the Surveillance Devices Act,etc says otherwise. All footage would need to be kept private and confidential. There is a reason why businesses place signs out the front like "CCTV cameras operating" "Entry is conditional that you may be searched when exiting" these signs are a written statement that make people aware their privacy is being intruded upon and by not leaving the area or entering the premises they are agreeing to those terms and waiving said rights. Signage is not contestable in court unless the demands are grossly unreasonable, except crown land then if it says "Trespassers shot upon entry" you better believe it!

I will not be held liable for any advise given in this reply, and always consult a legal professional if unsure.

Edited October 10, 2010 by Shazza24

[Downforce]

As I've said, in NSW the Surveillance Devices Act does not prohibit anyone from using an "optical surveillane device" fitted to their vehicle, because as the owner of the vehicle you have your own consent. You are free to record anything happening in public.

You cannot sneakily fit a tracking device or camera to someone else vehicle without their consent unless you have a warrant or there are other special circumstances..

This is not my opinion, it's direct reference to the relevant legislation

http://www.austlii.edu.au/au/legis/nsw/con...2007210/s8.html