Australia is known to be a safe and welcoming country. In fact, it’s consistently ranked among one of the safest countries in the world. That can partly be attributed to the laws and regulations that keep the best interest of Aussies at heart.
In this Remitly guide, we’ll give you all the information you need to know about the history, development, current landscape, and implications of surveillance laws in Australia.
Overview of Australian surveillance laws
Australian surveillance laws govern the use of technology—both digital and physical—to track the movements and actions of individuals. They cover photographs, video and audio recordings, tracking devices, and surveillance in the workplace.
In Australia, surveillance is governed by laws at the federal level as well as the state or territory level. The intention of these laws is to balance safety and law enforcement with personal privacy.
Definition and scope
In general, if you’re in a public space in Australia, other people can legally record a video of you and take your photograph even without consent. Surveillance is not permitted if you’re engaging in a private activity and haven’t consented to being recorded. This includes using the bathroom, showering, and intimate sexual activity.
It’s also an offence to record private conversations if participants have not expressly consented (although some states do allow one-party consent). Phone conversations are generally private and cannot be intercepted or recorded by outside parties without a warrant.
These expectations are governed by federal and state laws. However, there are some exceptions. For example, surveillance done for the purposes of law enforcement is generally permitted, although would usually require a warrant. Additionally, people recording for commercial purposes might need permission—this will depend on factors such as location and property ownership.
Overall, the laws are associated with the expectation of privacy. If the person has a reasonable expectation of privacy in a situation (the definition of that varies by state), that privacy extends to surveillance.
Historical context and development
Laws about the use of modern surveillance technologies were first put into place in Australia in the 1970s. As technology has developed, laws have been adjusted to respond to modern contexts and challenges.
- 1979: Telecommunications (Interception and Access) Act
Regulates the live interception of communications. Access to stored communications was added later on through amendments
- 1979: The Australian Security Intelligence Organisation Act (ASIO Act)
Outlines the circumstances in which the ASIO can gather intelligence and carry out surveillance activity for purposes related to national security.
- 1988: The Privacy Act (Cth)
Promotes and protects the privacy of individuals and regulates how businesses and the Australian Government can handle personal information.
- 2004: Surveillance Devices Act
Regulates the powers of law enforcement to covertly gather evidence of a relevant offence through the use of surveillance devices.
- 2021: Surveillance Legislation Amendment (Identify and Disrupt) Act (SLAID Act)
Enables law enforcement to combat serious online criminal activity by disrupting data and securing warrants for network activity, account takeover, and data disruption.
- 2024: Privacy and Other Legislation Amendment Act
Presents a framework for a Children’s Online Privacy Code and protects Australians from serious invasions of privacy.
Recent amendments to surveillance legislation
Australia’s surveillance laws are constantly evolving to respond to new technologies, threats, and challenges. The most recent SLAID Act of 2021 affects how law enforcement can access online activity.
Key changes and updates
The SLAID Act came into force in September 2021 and introduced three new surveillance warrants.
- Data disruption warrants allow law enforcement to modify or disrupt data in order to interrupt criminal activity. This can include adding to, copying, deleting, or altering data.
- Network activity warrants allow law enforcement to access and collect information about serious criminal activity.
- Account takeover warrants allow law enforcement to take control of an online account to gather evidence of criminal activity.
Impact on privacy and civil liberties
Although the SLAID Act was passed in hopes of combatting serious online criminal activity, many questions were initially raised about personal privacy and civil rights. Before the legislation was passed, over 60 amendments were made to clarify the reach of law enforcement surveillance and to protect private citizens.
Ultimately, the SLAID Act has extra-territorial reach to allow Australian law enforcement to surveil criminals whose activities impact Australian citizens. This responds to the global nature of online crime. The SLAID Act also has broad implications for journalism, media, technology, and the corporate field.
Privacy rights under current laws
On the national level, privacy rights for Australians are protected primarily by the Privacy Act of 1988. This act outlines thirteen Australian Privacy Principles (APPs) that protect personal information and its collection, use, storage and disclosure.
The Privacy and Other Legislation Amendment Act of 2024 was passed to improve compliance around privacy breaches. It also seeks to better protect children from a range of online harms.
APPs: Legal protection for individuals
Here’s an overview:
- Open and transparent management of personal information
Ensures that personal information is managed openly and transparently. This includes providing a privacy policy when collecting data.
- Anonymity and pseudonymity
Allows people to remain anonymous or use a pseudonym (alias or alternate name) when their data is collected. Some exceptions apply, such as for banks or medical records, where this isn’t legally permitted.
- Collection of solicited personal information
Outlines when the collection of personal information is allowed and applies higher standards to sensitive information.
- Dealing with unsolicited personal information
Defines how entities should deal with personal information that wasn’t requested.
- Notification of the collection of personal information
Provides constraints for when and how individuals must be notified about the collection of their personal information.
- Use or disclosure of personal information
Governs the situations where an entity can disclose personal information that it possesses.
- Direct marketing
Provides conditions that must be met if personal information is used for direct marketing purposes, such as the ability to opt out.
- Cross-border disclosure of personal information
Outlines protections that entities must take if personal information is being disclosed internationally.
- Adoption, use or disclosure of government-related information
Provides regulations around when an entity can collect, use, or disclose someone’s government-related identifier.
- Quality of personal information
Ensures that entities take measures to confirm that the personal information they hold is accurate, up to date, and complete.
- Security of personal information
Ensures that entities take measures to protect your personal information from misuse, interference, loss, unauthorised access, modification, and/or disclosure.
- Access to personal information
Outlines how an entity must respond when an individual inquires about their personal information held by the entity. In general, entities are required to provide access unless a specific exception applies.
- Correction of personal information
Outlines the obligations that entities have to correct the personal information they hold about individuals.
The APPs outlined above protect Australians on a federal level. There may be additional protections and laws that operate at the territory or state level. Regardless of where in Australia you decide to live, check the laws that relate to your privacy.
Implications for workplace and public spaces
You might be wondering how the surveillance laws will affect you in your day-to-day life. Read on to better understand how Australian surveillance laws affect your workplace and public spaces.
CCTV in the workplace
In general, it’s legal for your employer to use surveillance devices in the workplace. This means that CCTV in the office is allowed. It also means that data and communications on your work devices, like computers and phones, might be accessible to your employer. If you drive a company car, it’s legal to have tracking devices installed, as long as monitoring is only for work-related activities.
However, Australian federal law protects spaces in the workplace with a higher expectation of privacy. This means that no cameras or listening devices are permitted in places like toilets, changing rooms, or shower facilities.
In some cases—especially depending on territory and state—covert or secret surveillance is generally not permitted. As such, you’d have to be informed about any cameras or recording devices. Additionally, it might be necessary to announce the surveillance devices—for example, with signs that say, “This area is being monitored by CCTV.”
Be sure to familiarise yourself with the surveillance laws of your territory or state. In general, one of the territories with more specific surveillance laws is New South Wales. There, employers have to provide employees with two weeks’ notice before installing any form of surveillance.
Surveillance in public spaces
In general, surveillance in public areas is permitted as long as it complies with privacy laws. There may be surveillance guidelines based on state or territory laws. If you’re in public spaces, like parks, shops, and libraries, your likeness, actions and voice might be recorded by video, photograph, or audio recording. Usually, these recordings are for safety and security purposes, and using them for any other use may require your consent.
Private citizens are also able to film and record in public spaces, with or without your consent. For example, if you’re out in the park, you may appear in the background of someone’s personal photographs.
Remember, if you’re having a private conversation, you can’t be recorded without your consent, although some states have one-party consent laws. Also, public spaces that are considered private, like restrooms, are protected against surveillance.
If you stay in a hotel, your room is considered a private space where surveillance is not permitted. However, there might be CCTV in the public spaces, like the lobby and the hallways.
Surveillance and you: homes and neighbourhoods
The majority of this article has dealt with other people or companies recording you. But what if you’d like to use surveillance in your own home? Here’s what you need to know before setting up your safeguards.
Private surveillance of homes
As long as you’re following federal and territorial law, you’re allowed to install surveillance devices on private property. So, if you’re considering a home security or doorbell camera, you’re good to go.
Remember, you can’t record private conversations or private spaces. As a result, cameras used to record the inside of private homes are generally not used. If you do have cameras in your private home, you have to inform anyone entering that they’re being recorded.
If you’re renting a home, it’s generally not legal for your landlord to install a camera inside the property. However, landlords can install external surveillance cameras if they inform occupants beforehand.
Should you decide to install a surveillance system outside your private property, try to focus your recording only on your own property and the surrounding public areas, like sidewalks and streets. Be considerate of your neighbours. If you have a complaint about a surveillance system in your neighbourhood, consider a conversation with your neighbour before taking any further action.
Future outlook on surveillance in Australia
Balancing public safety and security with individual privacy rights is a complex challenge for any country.
Advocacy groups play an important role in protecting individual privacy and influencing policy. Key organisations like the Australian Privacy Foundation (APF) and Electronic Frontiers Australia (EFA) work to raise awareness and ensure that people’s rights are upheld.
Meanwhile the Office of the Australian Information Commissioner (OAIC) closely monitors compliance and breaches of privacy laws, and the Independent National Security Legislation Monitor (INSLM) assesses the impact of national security laws on privacy and other human rights.
With technology evolving at an unprecedented rate and the rapid development of emerging technologies like AI, ongoing revisions and additions to privacy laws in Australia will undoubtedly be needed to ensure that people are protected.
FAQs
Are private citizens in Australia allowed to take photos of me or my child in public?
Yes, taking photos of people in public places is allowed, regardless of their age and consent. If you’re a photographer, remember that it’s best practice to ask someone if you can take their photo, especially if it involves children.
Is it legal to record audio on security cameras in Australia?
It may be legal in some cases, but this varies depending on the specific situation and also the state or territory where it takes place. Check specific local laws to ensure compliance.
Can my boss watch me on CCTV Australia?
Yes, but there are important rules they must adhere to, such as only doing so for safety reasons and not in private spaces like bathrooms. In some states, employers must provide notice before installing CCTV.
Who can I contact if I think I’ve been wrongfully recorded?
You can report crimes to the Australian Federal Police (AFP). If you think that you’re in immediate danger, call the AFP at 000 or your local police on 131 444.