Surveillance Legalities

[CTSPY]

Hi,

First post from a new student looking to network and get involved in the community.
I am from Victoria and am wondering about the legalities of conducting surveillance in certain public places. Places such as the beach, casinos or airports which we would be deemed public places, but may have issues with the use of surveillance devices being used. From what I gather there is no mention of this in the Victoria Surveillance Devices Act. Could someone please provide some information about this.

Thanks in advance

[Krusty1]

Hi CTSPY,

Im just into the Cert 3 as well and also in Victoria so I hope you enjoy doing the course as much as I am.

This is a great forum for any question you may have and someone always has an answer or at least able to give you nudge in the right direction.

I hear where you are coming from in regards to "sensitive" locations such as the beach or inside casino's etc.

Im sure there will be an element of common sense mixed in with the rules surrounding "Private Activity" and local rules such as no cameras allowed in some locations. But I also would like to know not necessarily what the rules are but how more experienced investigators deal with such locations.

Good Luck
Krusty

[Nutbrownmouse]

Hi, while I'm not in Vic, I would be saying check with the privacy act. If they are in public places film, film, film. I had to film at a beach a while back and while it's a public place I still felt a bit uncomfortable filming there, I got great footage of the injured party surfing away = Happy Client. I had wondered about filming at the airport too, I asked and at the Perth airport you can film inside but not at the security checkpoint. I was told it differs at each airport so do some ringing around.
Good luck
Belinda

[Jockey]

The important thing here is read the privacy act in your state. However in saying that as far as beaches swimming pools gyms shopping centers I would film but in saying that make sure in most those areas I have stated it's done very covert and the subject is the prime object of the film. No filming in a shopping centre is a directive of the shopping centre and conditions of entry. In these types of filming activities a lot of common sence needs to be used. Remember public place or private place ask yourself that question. If you get caught filming with a video camera in a shopping centre.  Security will be on you and tell you off. That's about the worst of it then they will keep an eye on you. Use discretion. The term privacy act is used everywhere. But a lot of those using it don't understand the act.

Re the Casino, I have filmed in there as have most and again it has to be covert and not with a video camera...

Ofcourse common sence is you dont film in change rooms or toilets I think you can understand that. Mind you a lot don't.

Airports are also fine to film at again be discreet. As to how many people do you see taking photos and video there ect. A lot refrain from filming at funerals mainly because of compassion but it's not against the law. (I stand to be corrected)
In the above case the majority of insurance companies would refrain you from filming at funerals weddings and outdoor birthday parties. But remember it's in a public place and open.

The same as a person inside there house with the blinds open. If you can see them film them as long as you don't go onto private property to do so.



Keep in mind it's better to bend the rules then to break them!!!!

[CTSPY]

Thanks for your help all,

Krusty- Yes I am enjoying the course, has been a few years since I did some study so still finding the groove of things, but the course is informative and inspiring.

Jockey - Thanks for your detailed response, very insightful.

[nighttimer]

... replying late to this, but here goes....

With casinos, check the signs on entry - it's likely to be signposted if you can't film there. If they don't mind, don't expect a a sign encouraging filming or photos. Generally, however, the answer here to expect is a no.

Casinos themselves have very high levels of security and surveillance, but it's discrete. Even mobile phones near the gaming tables may not be permitted (Star City), let alone something resembling an out and out filming device!

At the beach or pool, it may not be blanket "illegal", but watch for sensitivity here. The Child Protection Act is a cause for concern. You may not be investigating a child, but Police are sometimes called and you may find yourself doing some explaining or even scrolling through your images to show them exactly what you have been photographing.

By that stage, however, your 'cover' has clearly been blown.

At the airport (again, high levels of in-house security) discretion is needed. A security guard once asked me to leave an Australian airport, stating, "unless you're travelling, you have no lawful reason to be in the airport". The comment was a load of pseudo legal phooey, but knowing that I'd likely have to come back to that airport many times in the future, I politely and quickly left in a co-operative, manner, before the incident made myself marked or memorable to airport security as a whole.

[Catzeyes]

My daughter was a croupier and supervisor at the Adelaide Casino and the Darwin Casino for quite a few years and the reason filming is not allowed is because a patron may be trying to "count the cards" or see the croupier's system (there is no system of course, but patrons who lose, think there is).

I have filmed at airports and shopping centres with no problem from security guards because it was done covertly.   For instance, it may be absolutely crucial to the case, as to whether Mr Brown boarded that aircraft to London when he was supposed to.

Re beaches and pools; I have not had to film in these places, however, I always remember what a long standing PI who posts on the forum once told me; "Make sure you only film the subject; do NOT get others into the frame, especially children".  That seems to be pretty sensible advice.