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.
Harold O’Brien, Sydney (North Ryde) +61 2 9804 5753 firstname.lastname@example.org
Tony Raunic, Melbourne +61 3 8602 9266 email@example.com
Rick Harley, Adelaide +61 8 8414 3373 firstname.lastname@example.org
Darren Miller, Perth +61 8 9488 1300 email@example.com
Antony Logan, Hobart +61 3 6231 0131 firstname.lastname@example.org
Chris Osborne, Darwin +61 8 8924 2616 email@example.com
Disclaimer: The information contained in this e-alert/update is not advice and should not be relied upon as legal advice. Hunt & Hunt recommends that if you have a matter that is legal, or has legal implications, you consult with your legal adviser.