Surveillance

[bryan.smith]

Hi everybody i'm pretty new to this, but was wondering about the legality of take video footage of a subject in their home, specifically in NSW.

cheers

Bryan

[BigGeorge]

Hi bryan.smith

In NSW we have the Surveillance Devices Act 2007 and you should look at:

Section 8 - Regulation of installation, use and maintenance of surveillance devices:

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.


and as incrongruous as it seems as long as you don't enter the private premises to take the video then you are not breaking the law. But the law is quite different in Victoria and other states. I am wondering where that leaves the peeping Toms!



BG

[bryan.smith]

Thanks for that, I thought that was the case, youve been very helpful