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FF.Com.Au Hardcore
Join Date: Feb 2010
Location: Sun City, North Australis
Posts: 4,274
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Re: Name & Shame Thieves
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and again im asking what laws and where is it written....
its not hard to look it up.
http://www.proactivestrategies.com.a...%20article.PDF
Quote:
Specific Legislation
New South Wales
Overt (not hidden) video surveillance is not subject to any legal provisions and it is advised that its use
follow the guidelines set out in the ARA Video Surveillance Code of Practice.
In New South Wales, video surveillance considered overt if the following apply -
Ø staff are given at least 14 days notice in writing (or a lesser period if agreed by the staff) of the
intended video surveillance,
AND
Ø the cameras used for the video surveillance (or casing) are clearly visible;
AND
Ø there are clearly visible signs at each entrance to any part of a workplace where the surveillance is
taking place, informing people that they may be under surveillance.
Video surveillance is also overt if staff have agreed to the use of video surveillance for a purpose other
than observing the activities of staff and the surveillance is carried out in accordance with that agreement.
Covert (hidden) video surveillance is subject to the provisions of the Workplace Video Surveillance Act
1998 (WVSA) which came into operation in New South Wales on the 1st February 1999, and regulates
covert surveillance of employees in the workplace.
The Act provides strict controls on the use of covert video surveillance, which in turn impacts on the use of
cameras in the workplace. The Act regulates covert video surveillance of staff in the workplace. It does not
regulate overt video surveillance.
Unless the use of video surveillance falls into the overt category, then it is deemed covert under the Act.
The use of covert (hidden) video surveillance of staff in the workplace is an offence unless:
Ø it is carried out solely to establish whether a staff member is involved in any unlawful activity in the
workplace;
AND
Ø the video surveillance is authorised by an order obtained from a Magistrates Court.
It is a defence if the covert surveillance is carried out solely to ensure the security of the workplace or
people in that workplace. The employer must give the staff written notice of any intended surveillance, and
must be able to show a real and significant threat to the security of the workplace if the surveillance is to
be undertaken.
Victoria
The Surveillance Devices Act 1999 came into operation in Victoria on the 1st January 2000, and
regulates the use of listening devices, optical surveillance devices, tracking devices and data surveillance
devices. The Act provides strict controls on the use of video surveillance, which in turn impacts on the use
of cameras in the workplace.
The Act defines an optical surveillance device as including any equipment capable of being used to
visually record or observe a private activity. The definition is essentially aimed at video surveillance
but is wide enough to include cameras and binoculars.
The Act prohibits the use of surveillance cameras to record or observe private activity, except under strict
legal control. The use of video surveillance to record or observe public activity, either overtly (not
hidden) or covertly (hidden), will generally not be prohibited.
The definition of “private activity” specifically excludes activity that –
Ø takes place outside a building
And
Ø activity which parties to it ought to reasonably expect may be observed by someone else.
Therefore there is no prohibition on the use of surveillance in public places such as shop floor areas
and building foyers.
However, the installation and use of cameras in areas such as toilet facilities change rooms and shower
areas will be prohibited because people have a reasonable expectation that their activities will not be
observed in such places, unless they are specifically advised of the use of cameras in these areas.
Section 7 of the Act regulates the installation, use and maintenance of optical surveillance devices. The
section provides that: -
Ø A person must not knowingly install, use or maintain an optical surveillance device to record visually
or observe a private activity to which the person is not a party unless all parties to the activity consent.
Western Australia
The Surveillance Devices Act 1998 (WA) regulates the use of video surveillance in WA and is very
similar to the Victorian Legislation in its content and application. The major point of difference is Section 6
of the Act, which regulates the use, and maintenance of optical surveillance devices (video cameras).
The section provides that: -
(1) A person shall not install, use or maintain an optical surveillance device
Ø (a) to record visually or observe a private activity to which the person is not a party.
OR
Ø (b) To record visually a private activity to which that person is a party (unless all parties to the private
activity consent).
South Australia
There is no legislation in South Australia dealing with the use of video surveillance.
Tasmania
There is no legislation in Tasmania dealing with the use of video surveillance.
Northern Territory
There is no legislation in the Northern Territory dealing with the use of video surveillance.
Australian Capital Territory
There is no legislation in the Australian Capital Territory dealing with the use of video surveillance
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http://www.customs.gov.au/site/page5979.asp
Quote:
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Please note: no links are provided for Queensland, ACT, South Australia or Tasmania, because there is no specific surveillance legislation in these jurisdictions, or their surveillance legislation, like the Commonwealth's Surveillance Devices Act 2004, provides for the issuing of warrants to authorise law enforcement bodies to use surveillance devices for the purposes of collecting evidence admissible in criminal proceedings. They are therefore not relevant to the installation of CCTV cameras at airports.
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Are we there yet?
http://www.brisbanetimes.com.au/busi...123-185k5.html
Quote:
Queensland private sector bosses have unfettered ability to spy on their workers using technology, in-house spies and independent private investigators due to lacking state privacy laws.
Small businesses and not-for-profit organisations with an annual turnover of $3 million or less are also exempt from federal privacy law.
And, unlike in New South Wales, there is no legislation to control the covert surveillance, including through the use of video, of workers in Queensland.
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As I have said... the only legislation is regards to sercurity cameras is when you video tape YOUR OWN workers... in QLD there isnt any regarding shops or the workplace.
http://www.legislation.qld.gov.au/LE...sOfPrivA71.pdf
Nothing in the privacy act of QLD....
http://www.privacy.gov.au/materials/...ches/view/6317
Quote:
So just what does the Office of the Privacy Commissioner think about the use of cctv for surveillance?
As I said earlier, the right to privacy is not absolute - it is often necessary to balance privacy with other important social interests, such as the safety and security of the community.
In practice, the Office would suggest that optical surveillance measures such as CCTV systems should only be pursued where necessary to achieve a clear objective and where such measures constitute a proportional response to a defined threat or problem.
Surveillance should be conducted in accordance with any laws, such as workplace surveillance laws. It should not be unreasonably intrusive, and there should be notification when it is taking place. In addition, surveillance measures should be subject to appropriate oversight to ensure that personal information is not misused and to provide individuals with a framework to seek a remedy if it is.
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http://www.privacy.gov.au/index.php?...77&Itemid=1221
Quote:
Photos and surveillance
There are Commonwealth, State and Territory laws that relate to taking and using images of a person without their permission, or recording their 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 does not cover individuals acting in a personal capacity, such as a neighbour taking photos of you.
For general information on State and Territory laws that relate to privacy - including surveillance and listening devices - see www.privacy.gov.au/law/states.
Someone has taken photos of me without my permission. What can I do?
Consider contacting the police. The Privacy Act is unlikely to apply in this circumstance as it does not cover individuals acting in a personal capacity.
My photo has been posted online without my permission. How can I get it removed?
The first step is to ask the person who posted the photo to the site to take it down. If the person refuses, or you don't know who it is, you may wish to contact the administrator of the site and ask them to remove the image.
If the photo was posted online by an agency or organisation, or the site is hosted by an agency or organisation that is covered by the Privacy Act, you may be able to complain to our Office.
For information on what agencies or organisations need to consider when posting photos to the web, see www.privacy.gov.au/faq/business/gen-q5.
There's an image on Google StreetView that I feel breaches my privacy. What can I do about this?
You should contact Google. Click the ‘Report a problem' function available on the photo you are viewing on StreetView to submit your request.
Is my employer allowed to monitor my activities in the workplace?
Some monitoring of staff activities in the workplace may be reasonable to ensure that staff are performing their duties and using resources appropriately. Where the monitoring includes retention of a record of the staff activity e.g. a CCTV video recording or a computer record of emails or a web surfing trail, then the privacy principles in the Privacy Act may apply.
Generally, monitoring of staff's use of email, the internet and other computer resources, where staff have been advised about that monitoring, would be allowed. The Office has issued advisory guidelines on Workplace Email, Web Browsing and Privacy. These recommend steps that organisations can take to ensure that their staff understand the organisation's position on this issue through the development of clear policies.
There are some other laws that deal specifically with the use of surveillance or listening devices. For example the Telecommunications (Interception and Access) Act 1979 (Cth) relates to rules around intercepting telephone communications. For some relevant State and Territory monitoring and surveillance legislation see www.privacy.gov.au/law/states.
An FAQ regarding the recording or monitoring of telephone conversations is available at www.privacy.gov.au/faq/individuals/q1.
A photo of me has appeared in the media without my permission. Who can I complain to?
The Privacy Act does not cover the acts and practices of media organisations in the course of journalism: see Information Sheet 12.
For information about complaints processes for media see:
The Australian Press Council for print media
The Australian Communications and Media Authority for television and the internet.
Other places to go
A listing of Australian case law and legislation on privacy and surveillance can be viewed at www.austlii.edu.au/au/special/privacy.
For the relevant State and Territory surveillance legislation click here.
If you think an agency or organisation has misused your personal information, you can make a complaint. To find out more, see Complaints.
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And you can go here... http://www.privacy.gov.au/law/states
__________________
You've seen it, you've heard it and your still asking questions??
Don't write off the Goose until you see the box going into the hole....
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03-12-2011, 01:58 PM
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