The Privacy Act - Fine Balance Between Security and Privacy

Advances in technology have seen video surveillance equipment become increasingly accessible in the last decade, with CCTV now an affordable option for small businesses and even home owners looking to deter criminal behaviour.

While there is not one law that deals with the use of CCTV systems, there are several that impact on where a system may be installed, what can be filmed, and what the footage can be used for.

Only a very small percentage of the footage captured by a surveillance system will be relevant to the investigation of a crime, while the vast majority will simply record ordinary people going about their daily business.

The Privacy Act limits how personal information, including video footage of people in public areas, is collected. It also requires that this information is only used for legitimate purposes.
Under the act, businesses are generally required to inform anyone who will be recorded by the CCTV system that their image is being captured. They also need to indicate how that personal information will be used, and ensure any actual use is legitimate.

In 2013, Shoalhaven City Council was briefly ordered to turn off the CCTV in Nowra after a court agreed with a local resident that the cameras had breached his privacy.

While the NSW Government made a change to the law governing how councils operate CCTV, which allowed the cameras to be switched back on, the case highlighted the importance of complying with relevant laws when installing surveillance systems.

The internet and social media have also seen substantial changes to how information can be used and shared.

As well as privacy restrictions, using footage inappropriately, whether online or elsewhere, can sometimes constitute a criminal offence.

In NSW, using CCTV images to intimidate someone into doing something could lead to a maximum penalty of two years in prison.

While activities carried out in public may be recorded, it is essential to take a careful approach to ensure the right balance between security and privacy is struck.