CCTV on private property

The Information and Privacy Commission NSW (IPC) is not able to provide any advice related to individual rights and obligations in relation to surveillance laws, as this does not fall under our jurisdiction.

The NSW Privacy Commissioner oversights NSW privacy laws that cover NSW public sector agencies (including NSW Government agencies, local councils and universities), as well as public and private health service providers and certain organisations that collect health information. These laws govern how personal and health information is collected, stored, used and disclosed.

For more information about the Privacy Commissioner's and the IPC's privacy jurisdiction, please see Fact Sheet - IPC Privacy Statement of Jurisdiction.

If your enquiry relates to CCTV surveillance on private property, a few options you could consider:

• The Surveillance Devices Act 2007 regulates the installation, use, maintenance and retrieval of surveillance devices
• If the property is also being used as a workplace, you could consider whether the Workplace Surveillance Act 2005 is relevant
• If the property is part of a strata title, you could enquire as to whether CCTV is contravening a by law 
• You can contact your local council to find out whether the practice may contravene any local laws. Some councils may require planning permission for CCTV 
• If you have issues with the operators of CCTV on private property, you can seek mediation at a Community Justice Centre – 1800 990 777 
• If the footage is being used for indecent purposes you can report it to the NSW Police.

We suggest you contact LawAccess for further information about NSW surveillance laws.

Phone: 1300 888 529
Telephone Typewriter: 1300 889 529
National Relay Service: 1300 888 529 and ask for LawAccess NSW
Translating and Interpreting Service: 131 450 and ask for LawAccess NSW
Website: http://www.lawaccess.nsw.gov.au/

If you wish to seek legal advice, LawAccess may be able to provide a referral. You can also contact:

Your local Community legal centre
The Law Society Solicitor Referral Service – 02 9926 0300

Please note that the IPC does not provide legal advice in any circumstance.

Updated on 12 January 2021.