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In-Cabin recording for a Uber

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tomgiles View Drop Down
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  Quote tomgiles Quote  Post ReplyReply Direct Link To This Post Topic: In-Cabin recording for a Uber
    Posted: 07/January/2019 at 22:39
Im a Uber driver in South Australia and I'm wounding if I'm legally allowed to record (video and audio) inside my vehicle while passages are aboard.

This would be strictly for safely.

I've had a look at the Passenger Transport Regulations 2009 Section 6 which only mentions that Taxi's must have a camera fitted by a approved installer and only few people can access the recordings.

The vehicle is registered as a passenger vehicle, Which I believe makes it a public area therefore would it be the same as a shop owner recording inside there shop. would a sign need to be displayed to notify passengers of the recording.

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 07/January/2019 at 23:25

Yes you should have a sign stating that a video & sound recorder is in operation... If a potential passenger asks you to turn it off, you will have to abide or decline the trip

You should NOT publish or share any footage whatsoever, there could be serious consequences if you do... & delete it at the end of each shift...

Any footage that may be relevant to a crime having been committed should be shown to police or a legal representative only..

     
Any opinion given should not be accepted as legal advice.

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

tomgiles View Drop Down
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  Quote tomgiles Quote  Post ReplyReply Direct Link To This Post Posted: 08/January/2019 at 00:39
Thank you for your reply,

What legislation would this fall under?

Also what would the sign need to state: My current sign states this already

FOR PASSENGER AND DRIVER SAFETY THIS VEHICLE IS FITTED WITH A SECURITY SAFETY DEVICE. BY RIDING IN THIS VEHICLE YOU CONSENT TO YOUR IMAGE AND SOUNDS BEING RECORDED AT ANY TIME BY THIS SECURITY SAFETY SYSTEM.

jaazzz View Drop Down
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  Quote jaazzz Quote  Post ReplyReply Direct Link To This Post Posted: 08/January/2019 at 08:51

Relevant legislation may differ from state to state...

Go to AUSTLII , then select the state>> consolidated acts>>. then start to narrow it down with the search option..

You may find that what applies in a legal sense to taxis may not for an Uber... Bit of a grey area still..

It may also be the case that because you can be reasonably expected to hear any conversation within the vehicle that may afford you some protection at law, but again, a bit of a grey area..... BUT, this would probably only ever be a problem if you shared or published vision or voice recordings... So DON'T.

Also a heads up on the waiver you have on your sign, ie,....BY RIDING IN THIS VEHICLE YOU CONSENT TO YOUR IMAGE AND SOUNDS BEING RECORDED AT ANY TIME BY THIS SECURITY SAFETY SYSTEM.....

   In the same way that hanging a sign in a retail store stating that refunds or returns are not accepted doe's not defeat a consumers right at law to a refund or exchange, so too a persons right to protection at law regarding recording them can not be removed by that statement on your sign...

Any opinion given should not be accepted as legal advice.

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

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