Source: Privacy Commissioner
The increasing creep of cameras and concerns about the motivations of people using them is the top issue causing people to seek advice from the Office of the Privacy Commissioner.
“Can I record someone without telling them”, is the number one question people searched for in the Office of the Privacy Commissioner’s Ask Us database over the last year.
Given this, Privacy Commissioner, Michael Webster says it’s understandable that people are increasingly concerned about the implications of being filmed and the risks this could present.
“It’s good that people are checking the rules about recording people as it indicates increasing awareness of the privacy implications and the importance of people’s privacy rights. But on the flip side, it also reflects the increasing prevalence of people being filmed without their knowledge or consent.
“Personal information must be collected in a way that’s lawful and seen as fair and reasonable and covert filming could be unfair, as people may behave in a totally different way if they know they’re being recorded.
“Recording someone without telling them can intrude on their privacy and can cause real harm. Unfortunately, we see cases where people are being illegally filmed doing embarrassing or intimate acts and the images are then widely shared or used to blackmail and demean people.”
Under the Harmful Digital Communications Act it’s a criminal offence to post a digital communication with the intention that it cause harm to someone, or when a person has not consented to the posting of an intimate visual recording.
The growth in the number of cameras recording people and the locations they’re being used was also likely to be a factor.
“Cameras and recording devices are omnipresent on peoples’ phones, in shops, businesses, and on the street and its important people understand their privacy rights around their use in various locations.”
The growing use of cameras is also reflected in another frequently asked question – Is my neighbour allowed to film our property with a security camera.
Our advice is to respect the privacy of others by taking care how you position your CCTV or security cameras. That way you’ll be able to avoid a potential source of conflict and tension with your neighbours.
The top five questions people wanted to know about on our “Ask Us” function, between July 2023, and June 2024 were:
- Can I record someone without telling them?
- If I take a screen shot of a private message and distribute it more widely, is that a privacy breach?
- What are the rules around posting photos or anything else about other people on social media?
- Is my neighbour allowed to film our property with a security camera?
- Can I forward an email to others without informing the original sender?
