Filming Without Consent in NSW: What Businesses Need to Know

Video can be a powerful tool for your business - from deterring theft with CCTV to capturing great content for marketing.

But in New South Wales, strict surveillance and privacy rules apply. If you get filming or recording wrong, you risk fines, complaints and serious brand damage.

In this guide, we’ll walk through when filming without consent is unlawful in NSW, how to use cameras at your premises, the rules for recording staff and customers, and the practical steps to put your business on the right side of the law.

What Does “Filming Without Consent” Mean In NSW?

In NSW, two key laws regulate recording and surveillance in a business context:

• The Surveillance Devices Act 2007 (NSW) - covers listening devices and optical devices (cameras) in private places and for private conversations.
• The Workplace Surveillance Act 2005 (NSW) - governs employers monitoring employees via cameras, computer and tracking systems.

Under the Surveillance Devices Act, you generally cannot:

• Record a private conversation with a listening device unless all parties consent (limited exceptions apply, such as when it’s reasonably necessary to protect your lawful interests).
• Use an optical surveillance device (e.g. a hidden camera) to record a person engaging in a private activity in a private place (or a vehicle) without their consent.

“Private place” usually means somewhere where a person would reasonably expect privacy - think bathrooms, change rooms, treatment rooms, back-of-house staff areas, and vehicles. Public areas like a shop floor or a street are different, but there are still rules you must follow, especially if audio is recorded.

If you’re unsure how these principles map to your operations, it’s helpful to start with a high-level explainer of NSW recording laws.

Using CCTV And In-Store Cameras Lawfully

CCTV is common in retail, hospitality and offices. In NSW, overt cameras in public areas of your premises are generally permitted - but there are conditions.

Core compliance requirements for CCTV

• Make it overt: Cameras should be visible, and you should display clear signage at entry points stating surveillance is in operation.
• Avoid private areas: Never place cameras in bathrooms, change rooms or other areas where people reasonably expect privacy.
• Mind audio: If your cameras capture audio, you may move into “listening device” territory. Recording private conversations without consent can be unlawful.
• Limit and secure footage: Collect only what you need, store securely, restrict access to authorised personnel, and follow a clear retention schedule.
• Inform customers: If you collect identifiable footage, let people know how it will be used and stored (for example, via signage and your Privacy Policy).

For a broader overview of camera compliance, you can also revisit our guide to CCTV laws and this summary of security camera laws.

Filming in public spaces and at events

Filming in genuinely public places (like public streets) is generally allowed in Australia. However, once you’re on private property (shopping centres, venues, construction sites), the property owner’s conditions apply.

If you run events or film content on-site, it’s best practice to secure location permissions and obtain written consent (especially if individuals are identifiable). For planned shoots, use simple release forms (e.g. talent and location releases) and have clear signage at entrances where filming occurs. If children may be filmed, obtain parent or guardian consent and take extra care with how footage is used.

When your footage will be used for marketing, think about model and talent rights as well as privacy. Our overview of photography consent laws is a helpful reference.

Recording Staff: NSW Workplace Surveillance Rules

If you plan to monitor staff, the Workplace Surveillance Act (NSW) sets out strict notice and transparency requirements.

Key points for employers:

• Provide written notice at least 14 days before starting surveillance (unless a shorter period is agreed). The notice must explain the kind of surveillance (camera, computer, tracking), when it will occur and how it will be carried out.
• Use overt surveillance only: Hidden (covert) monitoring is generally prohibited unless you obtain a covert surveillance authority from a Magistrate for specific suspected unlawful activity.
• Don’t monitor bathrooms or change rooms: Surveillance is prohibited in these private areas.
• Adopt a policy: Set out how surveillance works in your workplace, including how footage is stored and when it may be accessed.
• Apply the rules to remote work: If employees work from home, be clear about computer monitoring and data access; obtain the same level of notice and consent.

For more context, this explainer on cameras in the workplace is a useful companion piece.

Can You Record Customer Conversations Or Phone Calls?

Audio recording raises different issues to video-only CCTV.

In-person conversations

In NSW, recording a “private conversation” with a listening device is generally unlawful unless all parties consent, or a limited exception applies (for example, where recording is reasonably necessary to protect your lawful interests).

Practically, avoid audio recording on the shop floor unless you have a clear consent mechanism (e.g. visible notices and a verbal or written acknowledgment for specific situations). Be extra cautious in back-of-house areas where conversations are more likely to be private.

Phone calls

Phone call recording is tightly regulated. If your business records calls for training or dispute resolution, you should give a clear, early notice and ask the caller to consent. Offer an alternative if they don’t agree (for instance, switch off recording or provide a web form).

Get across the basics of business call recording laws and this focused guide on whether it’s legal to record a phone call in Australia. Build your scripts and IVR prompts around these requirements.

Practical Compliance And Essential Documents

Here’s a practical roadmap to implement compliant filming and recording in your business.

Step-by-step compliance checklist

1. Map your surveillance: Identify every camera and audio device, their locations, what they capture, and who can access the footage.
2. Define the purpose: Security, loss prevention, safety, training or customer service? Be clear and collect only what’s reasonably necessary.
3. Fix blind spots (legally): Remove or reposition any devices in bathrooms, change rooms or other private spaces. Disable audio unless you have robust consent processes.
4. Make it overt: Add or update entry signage. Ensure cameras are visible and employees are notified in writing (with at least 14 days’ lead time for workplace surveillance).
5. Secure and limit access: Implement strict access controls, keep an access log, and set appropriate retention and deletion timelines.
6. Update your privacy materials: Explain surveillance and call recording in your Privacy Policy and consumer notices, and consider a short-form Privacy Collection Notice at the point of entry or call.
7. Train your team: Provide a short briefing and scripts for phone consent and customer queries about cameras and recording.
8. Prepare for requests: Have a process for handling access requests, law enforcement requests and complaints about surveillance.

Essential documents and policies

• Privacy Policy: Explains what personal information (including identifiable footage and audio) you collect, why, how you store it and who you share it with.
• Workplace Surveillance Policy: Sets expectations for staff monitoring (camera, computer, tracking), notice periods, access and retention.
• Signage And In-Store Notices: Clear signs at entrances and near cameras stating that surveillance is in use, who operates it and where to find more information.
• Call Recording Script/IVR Prompt: Plain-language message at the start of calls that asks for consent and provides an alternative if the caller objects.
• Talent/Model Release And Location Release: Written consent for filming individuals and using their image for marketing; permissions from venue owners where you film.
• Website Terms Of Use: If you host user-generated content or publish event photos/videos online, include rules and takedown processes in your Website Terms Of Use.
• Incident Response Note: A short internal guide for handling surveillance-related incidents (data breach, regulator enquiry or customer complaint).

It’s wise to review these materials alongside your broader approach to recording laws in Australia, especially if you operate across multiple states.

Key Takeaways

• In NSW, filming without consent is restricted in private places and for private conversations - audio recording is particularly sensitive and often requires all-party consent.
• Overt CCTV in public areas of your premises is generally allowed, but you must provide clear signage, avoid private areas and secure footage responsibly.
• Workplace surveillance of employees requires written notice (usually 14 days), clear policies and a strict ban on cameras in bathrooms and change rooms.
• Phone call recording needs upfront consent and a practical alternative if the caller declines; build this into your scripts and systems.
• Put compliance into practice with the right documents: Privacy Policy, Workplace Surveillance Policy, entry signage, call scripts and consent/release forms for planned filming.
• Train your team, limit who can access footage, and set retention timelines so your day-to-day operations stay compliant.

If you’d like a consultation about filming and recording compliance for your NSW business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.