The NSW Government hasn't wasted any time reacting to a
recent decision made by the NSW Administrative Decisions Tribunal
on 3 May that caused the Shoalhaven City Council to switch off its
CCTV surveillance cameras in the Nowra CBD. Please see our
recent article for more information about the
As a result of the recent decision, the NSW Government has
passed the Privacy and Personal Information Protection Amendment
(CCTV) Regulation 2013 (Regulation). The object of
the Regulation is to exempt local councils from provisions of the
Privacy and Personal Information Protection Act 1998
(PPIP Act) relating to:
the collection of personal information, by using a CCTV camera
installed for the purpose of filming in a public place if the
camera is positioned so no other land is filmed (unless it is not
reasonably practicable to avoid filming the other land when filming
the public place); and
the disclosure to the NSW Police Force of that information by
way of live transmission.
The Regulation particularly exempts local councils from Section
11 of the PPIP Act, meaning local councils no longer have to take
such steps that are reasonable in the circumstances to ensure the
information collected is relevant to that purpose, is not
excessive, and is accurate, up to date and complete.
Hunt & Hunt believes that the Regulation was not required as
the Tribunal found that Shoalhaven City Council did not comply with
the PPIP Act. It failed to use the footage collected for law
enforcement purposes and failed to monitor the security safeguards
Shoalhaven City Council had in place to protect the personal
information collected. All Shoalhaven City Council had to do was to
get its own affairs in order to comply with the PPIP Act.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Those types of personal disclosure may still be permitted under the Privacy Act as long as your house is in order.
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