Resources and learning

A photographer is in a crowd at a festival. She is holding an SLR camera and looking at the viewer. She has a nose piercing and long reddish-brown hair. She is wearing a sparkly open mesh top over a halter-neck bralette. Taking photos or recordings in public places is generally allowed. Whether the Privacy Act applies will depend on whether the photographer or recorder is an agency (business or organisation) or an individual.

Agency (business or organisation) recordings

Agencies (or people recording on behalf of an agency) need to know their obligations under the Privacy Act. They need a lawful purpose to collect personal information (in this case take a photo or make a recording) and need to make sure people are aware it’s being collected, and why. Agencies also need to be able to respond to requests from individuals for access to their personal information, which can involve providing access to CCTV footage.

Signage or the terms and conditions of entry to an event are common ways agencies can let people know about the CCTV recording.

It's worth know that a person can be an agency if they’re running a business. Media are exempt from this privacy law if they are gathering information for news.

Once the agency has the information, the Privacy Act governs whether and how the agency can lawfully use or disclose it. If a person doesn’t want their information used or disclosed, they can ask an agency to delete the information it holds about them, though there is no strong obligation in the Privacy Act requiring them to do it.

If you’ve been recorded or photographed and don’t like that, we’d suggest contacting the agency directly. You can also request access to your personal information, which includes recordings or photos of you. If you’re not satisfied with their response, and believe the agency’s actions have impacted your privacy, then you can make a complaint to us.

Individuals

If you’re taking photos or recordings for your own use, then it generally won’t be an issue under the Privacy Act. However, you should keep in mind that:

it’s always good to ask permission first
some public facilities, like parks or swimming pools, will be subject to conditions that may limit what you can film or record. For example, many swimming pools have clearly stated policies that photos and recordings are not permitted.

There are some circumstances where it’s generally not okay (and not legal) to take photos or make recordings, even when someone is in a public space. These situations are considered “highly offensive” and then the Privacy Act will apply to you.

A common example is people filming accident scenes. The people involved in the accident are unlikely to want to be filmed and it’s not possible to ask for their consent.

Emergency workers are entitled to stop you from taking photos or recordings at an accident scene, particularly as your actions are likely to cause distress and may prevent emergency services doing their job.