At Secure On Australia, we help businesses navigate the complexities of CCTV installation every day. You've probably seen CCTV cameras installed in various public and private areas around Australia. While these devices can be incredibly useful for enhancing security, there are specific laws and regulations in place that ensure their installation and use are ethical and lawful. Installing CCTV can help deter theft, support safety, and give you peace of mind, but once you point a camera at customers, employees or visitors, you're handling personal information subject to strict Australian laws.

The good news? With the right setup, signage and policies, most businesses can use CCTV lawfully and responsibly. In this post, we'll walk you through the key rules that govern CCTV security products in Australia, based on our experience helping Australian businesses stay compliant.

Understanding Australia's CCTV Legal Framework

One of the most common questions we receive at Secure On Australia is: "What laws apply to my CCTV system?" The answer isn't simple because there's no single "CCTV law" that applies nationwide. Instead, several legal frameworks work together to regulate surveillance cameras.

State and territory surveillance laws regulate how you can record people, especially audio, and when notice or consent is required. Workplace surveillance laws in some states and territories set specific rules for monitoring staff, including CCTV in offices, warehouses and retail floors. Federal privacy law governs how eligible businesses collect, store, use, and disclose personal information, which can include identifiable video footage. Additionally, other rules like strata bylaws, tenancy agreements and local council conditions can set site-specific requirements.

As a starting point, most businesses can lawfully install CCTV to protect people and property, provided you're transparent about it and avoid private areas like bathrooms and change rooms.

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The Importance of Privacy

One of the most significant concerns when it comes to CCTV cameras is the potential for an invasion of privacy. In Australia, privacy laws are quite strict when it comes to the installation and use of CCTV devices. The Privacy Act 1988 (Cth) outlines how personal information can be collected, used, and disclosed, and CCTV cameras must be installed in a way that respects individual privacy.

Even if your cameras are installed correctly under surveillance laws, CCTV footage that can identify a person is personal information. If your business is covered by the Privacy Act (for example, certain health providers, many franchises, and most companies with annual turnover of $3 million or more), you need to meet the Australian Privacy Principles (APPs).

In practical terms, this means you should:

• Collect footage only when it's reasonably necessary for your functions such as safety and security, and do so in a lawful, fair and transparent way
  
• Tell people about the collection through signage and your privacy notices
• Securely store footage, restrict access, and delete it when you no longer need it
• Only use or disclose footage for the reason you collected it, or a directly related purpose the person would reasonably expect, unless an exception applies such as a law enforcement request
• Be prepared to handle access or correction requests in line with the APPs

Surveillance Devices Act

The Surveillance Devices Act 2007 (NSW) and similar legislation in other states regulate the installation and use of surveillance devices. These acts specify the conditions under which CCTV cameras can be used, such as obtaining consent from individuals, notifying people that they are under surveillance, and ensuring that the installation and use of the devices are legal.

At Secure On Australia, we always advise our clients to understand the difference between video and audio recording. Audio recording is usually much more restricted and, in many cases, unlawful without consent. If your cameras have built-in microphones, we typically recommend disabling audio by default to avoid potential legal issues.

Workplace Surveillance Laws

When it comes to installing and using CCTV cameras in the workplace, specific laws and regulations apply. The Workplace Surveillance Act 2005 (NSW) and similar legislation in other states regulate the installation and use of CCTV cameras in the workplace. We've found that using CCTV at work is common, but the rules tighten when employees are involved. Across Australia, you generally need to tell staff that surveillance is happening, where cameras are located, and why you're using them.

Some jurisdictions go further. For example, New South Wales' Workplace Surveillance Act requires employers to provide prior written notice and visible signage, and restricts covert surveillance except in very limited circumstances. Other states rely on their Surveillance Devices Acts and general employment law principles to guide what's reasonable.

Based on our experience helping businesses across Australia, here are our practical tips for workplace compliance:

• Give clear, written notice to staff before surveillance starts and when it changes
  
• Use conspicuous signage at entrances and in monitored areas
  
• Limit cameras to areas where there's a legitimate business purpose, like stock rooms, entry points and shop floors
  
• Avoid private spaces such as bathrooms, change rooms, prayer rooms, and be cautious around break areas
  
• Set rules on who can view footage and when, for example for security incidents or investigations

Employers must obtain consent from their employees and ensure that the installation and use of CCTV cameras do not invade their privacy.

Where You Can Install Cameras (And Where You Can't)

One of the first questions we ask when designing a CCTV system is: "Where do you really need coverage?" The law focuses on reasonableness and privacy expectations. As a rule of thumb, cameras can be used in areas where people would reasonably expect to be observed, and avoided in places where privacy is expected.

Typical Acceptable Areas (With Proper Notice)

• Entrances, exits and reception areas
  
• Retail floors and public-facing counters
  
• Warehouses, loading docks and stock rooms
  
• Car parks and building exteriors (be mindful of neighbouring properties)

Areas To Avoid

• Bathrooms and showers
• Change rooms and locker rooms
  
• Prayer rooms and first aid rooms
  
• Any area where a person would reasonably expect privacy

What about staff rooms and kitchens? We often get asked this question. Many businesses do monitor general staff areas to protect property or manage safety risks, but you should justify the need, keep coverage as unobtrusive as possible, and make sure your workplace notices are crystal clear.

Finally, we always advise our clients to be considerate about where cameras point. Don't inadvertently capture neighbouring premises, private homes or sensitive sites if you can avoid it. We can help you adjust fields of view and masking settings to reduce over-collection during installation.

Data Protection Laws

CCTV cameras can result in the collection and storage of personal data. In Australia, there are strict data protection laws that regulate the collection, use, and storage of personal data. The Australian Privacy Principles (APPs) outline the rules and regulations that organizations must follow when collecting and using personal data. Organisations must ensure that the installation and use of CCTV cameras comply with these laws.

We recommend having a clear, up-to-date Privacy Policy that covers CCTV as a practical way to show you're collecting and handling footage transparently. It should explain why you capture video, how long you retain it, who you share it with such as a cloud vendor or security company, and how someone can contact you with questions.

Managing Footage: Storage, Access And Sharing

At Secure On Australia, we tell our clients that installing cameras is only half the story. Day-to-day compliance turns on how you manage the footage.

Retention And Deletion

• Keep footage only as long as you need it for your stated purpose, typically 30 to 90 days for incident review, unless it's needed for an investigation or legal claim
  
• Automatically purge old footage on a rolling basis, with exceptions documented for active matters

Security And Access Controls

• Restrict access to authorised personnel only and log access or downloads
  
• Use strong passwords, multi-factor authentication and encryption at rest and in transit where available
  
• Define when footage can be reviewed, for example suspected incident, safety concern, or lawful request
  
• Establish vendor due diligence if your system uses cloud storage or a third-party monitoring service

Disclosing Footage

• Only share footage in line with your Privacy Policy and stated purpose, such as providing an incident clip to police on request
•  If someone requests a copy of footage that includes other people, consider blurring faces or providing a still image where appropriate
  
• Avoid posting footage online as it can breach privacy and damage trust, even if well-intentioned

Security matters too. If your CCTV system is compromised and footage is accessed or leaked, it may trigger obligations under the Notifiable Data Breaches scheme. We always recommend implementing a Data Breach Response Plan so your team knows what to do if something goes wrong.

Security Industry Regulations

Finally, there are regulations set by the security industry that govern the installation and use of CCTV security products. These regulations cover areas such as licensing, training, and qualifications of security personnel. At Secure On Australia, our team maintains all necessary certifications and stays current with industry standards to ensure your installation meets all regulatory requirements.

Essential Legal Documents and Policies

The right paperwork will make your CCTV program clear and defensible if it's ever questioned. Work with your legal partner to ensure you have the documents and policies in place such as privacy policy, workplace surveillance/monitoring policy, employee privacy guidance, information security policy, data breach response plan, third-party data processing terms, etc.

Not every business needs every document on day one, but having the right core set tailored to your operations will keep your CCTV program compliant and proportionate to your risk.

Key Takeaways

At Secure On Australia, we understand that navigating CCTV laws can be overwhelming. There are comprehensive laws and regulations in place in Australia that govern the installation and use of CCTV security products. These rules are in place to ensure that the use of CCTV cameras is ethical and lawful and that individual privacy is respected.

• CCTV is lawful in Australia when used transparently and for a legitimate purpose; focus on signage, notice and avoiding private areas
  
• Workplace surveillance carries extra obligations: tell staff in writing, place clear signs, and limit monitoring to what is reasonable for safety and security
  
• Video that identifies a person is personal information; if the Privacy Act applies to your business, you'll need clear notices, secure storage, limited use, and timely deletion
  
• Audio recording is far more restricted; disable microphones unless you have a solid, lawful basis and the right consents in place
  
• Strong internal controls matter: access logs, retention schedules, and vendor agreements help you manage footage responsibly
  
• Core paperwork such as a Privacy Policy, workplace surveillance rules, an Information Security Policy and a Data Breach Response Plan keeps your CCTV program aligned with the law

By following these laws and regulations, we can ensure that CCTV security products continue to be an effective tool for enhancing security while respecting the privacy of individuals.

Need Help with Your CCTV Installation?

At Secure On Australia, we specialise in designing and installing compliant CCTV systems that protect your business while respecting privacy laws. Our team can help you choose the right equipment, position cameras correctly, implement proper signage, and establish the policies you need to operate lawfully.
Contact us today to discuss your security needs and ensure your CCTV system is both effective and compliant with Australian law.

References

https://www.oaic.gov.au/privacy/australian-privacy-principles/
https://www.legislation.nsw.gov.au/view/html/inforce/current/act-2005-027
https://www.legislation.gov.au/Details/C2016C00091
https://www.legislation.gov.au/Details/C2018C00488