The Queensland Office of the Information Commissioner only deals with the privacy law that applies to Queensland Government.
This article explains other rules that can impact the privacy of Queenslanders.
Camera surveillance
The Queensland Criminal Code
Section 227A of the Criminal Code makes it an offence to video record people without their consent in places where they would expect to be private, such as a bedroom, bathroom, or changeroom.
When installing surveillance cameras it is important to assess how they are positioned. Installing your cameras in a way that breaches the Criminal Code may result in prosecution, and generally it is a good idea to minimise their impact on neighbouring properties.
Neighbours, particularly neighbours with young children and/or pools, often feel as if their privacy has been invaded if they are recorded by the cameras. In some cases they may escalate these issues to the Queensland Police Service (QPS).
Complaints about cameras
If you have a complaint about the positioning of a neighbour's surveillance camera the best first step is to talk to the property owner. If you are unable to resolve the matter directly you could talk to a community mediation service to see if they can assist both parties in mediating the matter.
If you believe someone is in breach of the Criminal Code due to the positioning of the cameras, you should contact the QPS to discuss your concerns.
Body Corporates
If your property is part of a body corporate any exterior cameras must comply with body corporate and community management laws. You break thee laws if the cameras cause a nuisance to common property.
Check with your Body Corporate Committee before installing cameras. You may need their approval.
If you believe cameras have been installed without approval or are causing a nuisance, you can make a complaint to the Body Corporate manager.
Contact the Body Corporate and Community Management Commission for more information.
Drones
Many drones have the capacity to capture visual and audio recordings.
The Australian Government Civil and Aviation Authority (CASA) website has information about the rules on using drones for recreational and commercial purposes.
If you believe a drone is not being operated according to the CASA rules, or is otherwise being operated in an unsafe manner, you can make a complaint to CASA.
If drones are operated by State or Federal government, they may also be subject to State or Federal privacy laws.
Audio and telephone recording
Generally, it is lawful to record a private conversation in Queensland if you are part of the conversation. This doesn’t require you to get the other people’s consent or permission.
There are laws about what you can do with the recording.
It is generally not lawful to record a private conversation you’re not part of.
Invasion of Privacy Act
The Invasion of Privacy Act 1971 (Qld) (IoP Act) makes it an offence to audio record a private conversation you are not involved in.
A person is involved in a conversation if they are part of it, for example, having a face to face or phone conversation with someone or involved in a group discussion.
If you are involved in the conversation, the IoP Act allows you to record it, but there are restrictions on how the audio recording can be used. For example, the IoP Act prohibits communication or publication of the recording, but makes an exception for specific circumstances, including allowing it to be published or communicated:
- to another person who was part of the conversation
- not more than is reasonably necessary in the public interest
- not more than is reasonably necessary to protect the interest of the person who made the recording; and
- in the course of legal proceedings.
You may need to seek legal advice to determine if you can use an audio recording of a private conversation.
If you believe someone is in violation of the IoP Act you could contact the QPS to discuss the matter.
Telephone interception
Telephone interception is a Federal offence. Any recording of a telephone conversation that involves inserting a device into a phone or between the body of a phone and its handset will be interception.
Recording a phone conversation by holding a recording device near the phone's mouthpiece or by putting a phone on speaker and recording the sound is not telephone interception.
If you believe someone has violated Federal law, the appropriate contact is the Australian Federal Police.