Regulation of video surveillance devices

A Surveillance Devices Bill, to protect private conversations and activity from being recorded on video, has been introduced in Parliament. The new Bill will replace the Listening Devices Act 1969 and extend it to a broader range of surveillance devices.

The Bill establishes a regulation system in relation to optical surveillance devices used to observe and record private activities, listening devices used to listen to and record private conversations and tracking devices used to track people and objects.

The Bill does not regulate data-monitoring devices except for use by police.

The use of surveillance devices by police without a warrant or without the consent of the person in control of the data is also prohibited except in an emergency situation where a senior officer gives approval. The court must be advised of any such approval.

The Attorney General, Jan Wade, said it was acknowledged that surveillance devices provided key evidence in prosecutions in major drug cases and other crime difficult to uncover, such as child pornography.

Therefore, surveillance devices may be used by law enforcement officers for investigating suspected serious criminal activity if a warrant is obtained from a court.

The Bill contains a number of stringent safeguards to protect people’s privacy and ensure an appropriate balance is determined by the courts between the benefits of police use of such devices and the potential invasion of privacy.

The Bill will also compel law-enforcement bodies to destroy potentially sensitive information gained using surveillance devices when the information is not needed.

(News Release, Office of the Attorney-General, March 25. 1999)