Audio recording is illegal.
As for the camera position, why doesn't your friend just ask the neighbour? Surely they aren't that disassociated.
A friend has asked me to find out what the laws in NSW are regarding breach of privacy when their neighbour has a CCTV camera mounted on the eave of their house, that is most likely pointing into my friends' backyard. The friend also suspects that the camera has a built-in microphone which is recording audio, as things said by the friend in their backyard during private conversations have been used against them. In this situation, can the Police be asked to attend and force the neighbour to have their CCTV system inspected for potential breach of privacy?
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Audio recording is illegal.
As for the camera position, why doesn't your friend just ask the neighbour? Surely they aren't that disassociated.
Last edited by intelliGEORGE; 21-09-12 at 07:59 PM.
I would be interested in the WA situation as a mate of mine is in a dispute with his neighbour in semi rmetro location & the neighbour has cameras pointing in my mates house direction & I think they are focused on my mates property
If as you say things said have been recorded and used against the person and it is illegal do so without a Court Order, wouldnt that be proof of unlawful eavesdropping?
How was what was allegedly recorded used against the person?
You really do need legal advise on this but the trouble with most legal opinions is thats all they are, Opinions.
Last edited by gordon_s1942; 21-09-12 at 09:53 PM.
I stand unequivicably behind everything I say , I just dont ever remember saying it !!
Front of the property you can't do anything about as that's the general view anyone can see from the street. If however the cameras are looking over a fence etc, then your mate has a case. Getting it resolved however is another matter.
One of the biggest dramas the industry is facing at the moment is cheap nasty CCTV puchased on fleabay as a DIY CSI solution. What most don't know/care about is the Code of Practice and AS4806, although most people are reasaonable and don't want to see into their neighbours back yards.
All said and done, if it's the front of the place and your mate isn't doing anything untoward then what is he worried about?
Reasonable summary can be found here:
In NSW the SURVEILLANCE DEVICES ACT 2007 gives potential for Criminal Charges in certain circumstances. The biggest problems would be, I imagine, interesting the police and in this regard obtaining some minimal evidence of the likely breach of the Act.
Good luck.
My understanding is that their neighbour has no legal obligation to let police or council into their house to show them anything regarding their CCTV set up.
It's pretty sad if they do have audio or are looking into their backyard but it will be very hard to prove.
If any of my neighbours or police come to my door I am happy to show them anything.
Last edited by Two89w; 26-09-12 at 09:34 PM.
Surveillance devices basically covers indoor cameras, or cameras in a private area. If a person can reasonably assume they can be observed doing something, it is quite legal to record the activity.
Tell your friend to point a Laser Pointer at it, Works like a charm.....
Yes almost. But you need to mention that if they can be observed from a public area then they have no entitlement to privacy or conversely, they are entitled to believe they are in private if they can not be observed from a public space. This means that IF the area is well fenced and can not be seen normally from a car, pedestrian etc then there is a fair reason to privacy, but if the fence is open, or the backyard is visible to the street due to elevation perhaps, then there is no privacy.
If the only person that can see over your fence is the neighbour then they are still entitled to privacy since their viewing them from a private place.
If the person has surveillance that from a private place that is overlooking another person's private space then it should be allowed and they would need to "Privacy Mask" the area or change the angle of viewing or get permission from the owner of that private area.
Audio recording is generally not allowed but there exceptions. For instance, you must give the person you are recording notice that you are recording them, similar to what companies do on phone calls "you are being recorded for training etc" and / or in a situation that the owner/operator is endangered, commonly used in Taxi's and buses for this reason. But you can't use it to listen to staff or neighbours in a shop or backyard but you could have audio recorded from say the front door or gate.
regards
Ness Corporation
Hound-Dog (04-06-13)
I had a court Bailiff deliver a document to my property for ex tenants,
He also left a letter stating that it was illegal for my to monitor, or record him doing so. .
I called the company, and politely reminded them, that;
-He had opened a CLOSED gate to a private courtyard
-the CCTV system is installed in a PRIVATE courtyard
-he has passed a bright yellow sticker advising of CCTV recording in Progress
I then told them to shove it, in the politest way possible
MCman (17-04-13)
Audio recording is illegal and recently the privacy laws have been modified for allowing the operation of CCTV camera's in public.
As far as your friends case is concerned I believe that the police should be asked to interfere as there is breach of privacy.
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