This case note has been taken from the recently published second-edition of a Guide to ACT Strata Law. A physical copy of the full text can be purchased here.
CCTV cameras that do not record sounds can be installed on the common property with the consent of the owners corporation. However, any recording of private conversations is not permitted unless the consent of the individual owners and occupiers is obtained. Any use of audio evidence would also be prohibited from being used in court proceedings without such consent.
The placement of any CCTV cameras should be carefully considered. In one scheme, while there were genuine security concerns giving rise to the need for surveillance, one of the external cameras unfortunately captured a bedroom window which impacted on how the occupier used the room and caused the occupant serious (and justified) concern about why that camera had been positioned in that way.20 The moral is that camera placement should be carefully considered.
Interestingly, in Raciti v Hughes (NSW) [1996] PLPR 8, Justice Young of the NSW Supreme Court granted an interim injunction against an adjoining owner to prevent the operation of video surveillance equipment which overlooked the backyard of another property (which was then extended indefinitely). The defendant installed video equipment and lighting which was activated by movement or noise, so that when the plaintiff or her family entered their backyard, the lights switched on and the video recorded their movements. It was argued that this caused distress and interfered with the use of the backyard. The basis for the injunction was that the use of the video equipment constituted an actionable nuisance (see chapter 14 of this Guide for more on nuisance). From a privacy perspective this case is significant because it emphasises the rights of owners and occupiers to privacy and use and enjoyment of their lot.
This is general information and should not be considered to be legal advice. You should obtain legal advice specific to your individual situation.
