Photos and surveillance

There are Commonwealth, State and Territory laws that relate to:

  • taking and using your images without your permission
  • recording your conversations or movements.

Which law applies will depend on the circumstances, in particular:

  • where the surveillance occurred or the photos were taken
  • what was being monitored or photographed
  • who was responsible for the surveillance or images.

The Privacy Act 1988 (Privacy Act) does not cover individuals acting in a personal capacity, such as a neighbour taking photos of you.

 For general information on State and Territory including laws on surveillance and listening devices see the State and territory privacy law section of this site.

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