Legal Considerations Around Recording Customers Who Enter My Business

As a business, you may consider installing video surveillance on your premises to discourage theft or ensure the safety of your customers and personnel. However, your business may suffer significant legal implications if you do not adhere to legal requirements around filming or recording customers that enter your store.

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This article explains the legal requirements around the use of optical surveillance devices. Additionally, it considers the potential consequences of breaching customers’ privacy, as demonstrated by the 7-Eleven case. 

Is it Legal to Record Customers Who Enter My Business?

There are certain situations where it is not illegal to collect the personal information of individuals. This includes collecting their images or identity information. Installing optical surveillance devices, such as CCTV, which collect videos or images of customers that enter your business is legal. However, if you elect to record customers through these devices, you must comply with certain laws. 

Restrictions 

The Privacy Act 1998 (‘Privacy Act’) applies to personal information and governs how businesses can handle their customers’ personal information. The Act will apply to a business if the business:

  • has an annual turnover of over $3 million;
  • provides a health service, or holds health information;
  • is a contractor for the Commonwealth government; or 
  • trades in personal information (e.g. sells personal information to other parties).

Such businesses will be ‘APP entities’ that must comply with the provisions of the Privacy Act

Suppose your business is covered under the law. Then any personal information that you collect through your surveillance devices must comply with the Australian Privacy Principles under the Act, which require you to: 

  • inform customers that you may capture their images before recording takes place. For example, you may post clear signage at the entrance of and throughout your premises, and install cameras in clearly visible locations on your premises to ensure adequate notification to customers that they may be under surveillance; 
  • ensure that any personal information recorded is stored securely, and either destroyed or de-identified when you no longer require the information. For example, you may delete CCTV footage of customers every month; and 
  • only use or disclose the information recorded for the primary collection purpose, for example, to seek action against a person who committed theft on your premises (or for a secondary purpose if an exemption applies).

 

 

 

 

May Preedeesanit
May 11
legalvision.com.au

Mark Lisle

Mark Lisle

Mark is our managing partner and has been with the firm for over 36 years. He brings a wealth of experience in all areas of our business, including business advisory, taxation and self managed superannuation.

Mark’s ethos is that good advice stems from working closely with our clients and being prepared to go that extra step to assist them in meeting their goals and optimising their financial position.

Mark is a Fellow of Chartered Accountants Australia and New Zealand, an accredited SMSF Specialist and a registered SMSF auditor.

Outside of work, Mark enjoys trying to keep fit and spending time down at his “second home” in Port Fairy.

Josh Laing

Josh Laing

Joshua began working at Rundles in 1999 whilst still completing his Bachelor of Business (Accountancy) degree at RMIT. After graduating in 2001 he was admitted to the Institute of Chartered Accountants Australia and New Zealand in 2004. Joshua spent two years working in London before returning to Rundles in 2006.

Josh has a wealth of knowledge across a broad range of industries as well as in Self Managed Superannuation. Josh enjoys working with family groups and businesses to ensure they’re structured correctly to maximise asset protection, succession planning and management of tax.

Married with 2 children, Josh spends his weekends with his family and following the Tigers.

Brad Roach

Brad Roach

Brad has been a part of the Rundles Team since 1996 and became a Partner of the firm in 2014. During his time at Rundles, Brad has developed a strong relationship with his clients across a wide range of industries and is dedicated to assisting them to reach their personal and business goals.

Brad is passionate about seeing his clients succeed and utilises his extensive experience in public practice to provide a holistic service to his clients. He also has a wealth of experience in superannuation, particularly self managed superannuation funds.

In his spare time, Brad likes to play a round of golf with friends and enjoys watching his two sons play various sports.

Peter Davison

Peter Davison

Peter graduated from RMIT with a Bachelor of Business (Accountancy) with distinction in 1976. He joined Rundles upon graduating. Peter has been a member of the Institute of Chartered Accountants since 1979 and a Fellow since 1991. As an active yachtie of many years, Peter can often be found on the water. Otherwise, he and his wife spend time with their friends and extended family.

Sandy Gilbert

Sandy Gilbert

Sandy was admitted to the Institute of Chartered Accountants in 1973 and has been a Fellow since 1983. He gained extensive experience in auditing and accounting services over seven years at Pannell Kerr Forster before joining Rundles in 1973. Sandy is married with three children. A former amateur footballer of some note, Sandy is still an avid follower of the game and enjoys weekends at his country retreat.