Can I record someone without telling them?

Making an audio or visual recording of someone without telling them may breach the Privacy Act but this will depend on the circumstances including who is making the recording and why they are making it.

Generally, the Privacy Act won’t apply to your own domestic, personal, or household affairs (for instance if you’re recording a personal conversation with a friend).However, if you collect, use or disclose personal information in a way which would be highly offensive to a reasonable person, this exception will not apply. In other words, someone could make a complaint about you. We have guidance on what 'highly offensive' means(external link). 

If you are making the recording for any reason, other than your own domestic, personal or household affairs, for example on behalf of an organisation, the general rules about collection of personal information will apply(external link). In particular, it might be unfair to record someone without telling them.

You should also keep in mind that there may be other laws that apply apart from the Privacy Act. For instance, recording a private conversation that you’re not involved in, could, depending on the circumstances, be a crime.

For more information about what agencies will need to consider if they plan to use security cameras or CCTV to collect information, read our guidance on CCTV.

Reviewed and updated October 2025