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frankj View Drop Down
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Joined: 14/February/2012
Location: Australia
Posts: 1
  Quote frankj Quote  Post ReplyReply Direct Link To This Post Topic: Privacy Question
    Posted: 14/February/2012 at 17:49
Hi Guys - First time here hope this makes sense.

Wasnt sure which section to post this into either.

OK my question relates to privacy act regarding surveillance in WA.

The situation is as follows I have a friend of a friend (for real, not me :p) who is currently going through legal issues regarding a workers comp claim. She has found out that she has been followed for some time by private investigators using hidden cameras to record both visual and audio of her - BTW she isnt pretending that she has broken back or long term dodgy knees or something - she was held up at gun point and has been off work on stress leave and the legal issue is just amount of $ the settlement will be.

Sorry getting to the point - a few weeks back she attended my house with other people present - it has now been brought to her attention that she was followed to my house by a private investigator who it appears has placed a hidden camera in the tree outside my home (on my property) or in a tree across the street on my neighbours property.

She has now been presented with what her insurance company will be using in court or arbitration etc - which also includes images and conversations taken by hidden camera of myself and my friends.

Now my question is it lawful for an insurance company to use images and audio obtained by hidden camera when myself and others who appear in this film have not given expressed or implied constant to be filmed or film to be used?

Thanks Guy

MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
Posts: 13999
  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 14/February/2012 at 20:45
It all comes down to the purpose of the filming and who will see the film.

If the insurance company is using this to check if a claim is valid or false, they probably can do it. As far as capturing images of others it probably is not relevant provided the the images are only seen by the commissioning organisation, however if they were to be shown to others there may be a problem, if so see a solicitor for assistance to bring an action.

Remember in Australia, except for some specific situations privacy is not guaranteed.

If it was me with a camera outside my home, the camera would probably mysteriously fall from the tree and end up being broken into many pieces. And perhaps some of the pieces may find themselves being inserted into part of the anatomy of the PI who came to recover the camera.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

boony View Drop Down
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Joined: 15/April/2009
Location: Australia
Posts: 502
  Quote boony Quote  Post ReplyReply Direct Link To This Post Posted: 16/February/2012 at 12:09
I don't think that they would be allowed to present voice recordings. There are a few posts regarding the legality of recordings in the forum which reference the relevant acts so you should do a search.

I also don't think they would be allowed to film actions occurring on private property (privacy)...let alone hiding a camera in your tree (trespass).

Unless of course they have been granted some sort of legal permission which I think would be unlikely though Im not a lawyer.

That said can you really trust what a friend of a friend is saying? Things get distorted and i'm wondering if things have occurred as they claim. Seems a bit far fetched.

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