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NSW Legalities of recording someone

Discussion in 'Politics, Laws, Government & Insurance' started by ibast, Jul 27, 2010.

  1. So I'm 99% confident it is a federal offense to record someone without your knowledge.

    I'm also pretty sure they must stop if you ask.

    So what about NSW HWY patrol.

    They tell you they are recording when they pull you over, but if you ask them not too, are they obliged to stop?
  2. I believe that in a public place its fair game

    Should they ever introduce laws that say you can not film the police then I'm emigrating to somewhere more liberal like Libya

    However if you are filming the police while they re doing their duties - ensure that your actions do not in any way impede on their work - otherwise you will be breaking a law or two
  3. This is actually a 3 part answer.

    Firstly, there is no "common law" right to privacy in this country.

    Secondly there are statutory rights to privacy, but they only cover:
    (i) Medical records / personal info (National Privacy Laws)
    (ii) State records, eg: employment, criminal (State Privacy Laws).

    Lastly as far as recordings, photos, etc... go for it, as long as you are in a public place.
    School grounds etc. are a different case, but outside the topic.
    They (the plod) can, so can a parking inspector, and so can you.

    Note. It is illegal to intercept communications without a warrant.
  4. in japan, its illegal not to delete a recording if anyone in it asks you to who is in it.

  5. Tramp I was thinking of starting a thread on this topic but in here will do.

    I know you've done it before somewhere but can you spell out our rights and link to relevant legislation to back it up please?

    Is it state law or federal law?

    police cannot demand footage or seize a camera without a warrant?

    do we need to inform an officer they are being recorded?

    are they able to demand recordings are stopped?

    Can't think of anymore at the moment but you catch my drift :)

    Cheers mate.

  6. I second Chef's request
  7. I think you have all missed the question.

    Can you stop the Police filming YOU
  8. I know of an analysis of photography rights in NSW: http://4020.net/words/photorights.php.

    It goes through some of the issues raised here.

    One thing is clear: no one (even police) have the right to force you to delete footage you have taken. They can only take your camera if they are arresting you, but they are not allowed to tamper with it. That, combined with the fact it is legal to shoot footage in a public place should mean it is legal to record police. Might be courteous to inform them you are, particularly if it isn't obvious.

    Thanks goodness that's not the case here.
  9. I think Tramp answered it pretty well. Chef's question is a good follow on.
  10. I would of thought that was self evident but i'll bite, can we?

  11. Did you just call me smee?

  12. Damn you, I just corrected it before you posted.
  13. Do we need to inform any member of the general public if they're being filmed?
    Or is there some form of double standards?

    Why's that??
    You have an idiot following you around with a camera in your face and you ask them to delete it, and they don't...you'd be happy about that?
  14. Heh heh heh, sometimes it pays to be quick.

    Now, do I go back and edit my post or hmmmm....
  15. Great question Devo, I've seen the bastards turn nasty when they were being filmed and photographed before, they try and stand over the camera person and become threatening, hence the reason it's important to know your rights. ;)

  16. Following me around "with a camera in my face" - well, if they are 'harassing me' - I wouldn't be happy but I do accept that if I'm in a public place and someone wants to take a photo of me - I have no recourse.

    If they are following me around but not stopping me from going about my business - then yes, they can snap away.

    The downsides of NOT being allowed to take photos or film of people in public places far outweighs any privacy issues.
  17. On media watch they had a piece on this as it relates to journalism. In NSW it is illegal to covertly record a conversation, even when it is the public interest.
  18. No you don't.

    Imagine you are taking a photo of Flinders Street station at peak hour.

    You don't have to inform everyone on the steps you are taking their photo. And you don't need everyone's permission.
  19. define covert -- if I have a camera mounted in my helmet thats visible but a police officer does not notice it -- does that count as covert -- I am not hiding it in any way - its just the way its mounted
  20. if its used for commercial purposes though becomes another story