Is It Illegal To Video Record Someone Without Consent In NSW?

If you run a small business in New South Wales, video recording can feel like a simple, practical tool. You might want CCTV to deter theft, footage to investigate an incident, or content for marketing. But there’s a common (and very important) question that comes up quickly:

Is it illegal to video record someone without consent in NSW?

The answer is: it depends - mainly on where you’re recording, what you’re recording (video only vs audio too), who you’re recording (customers, staff, contractors), and why you’re doing it.

Below, we’ll break down how video recording laws tend to work in NSW for business owners, where the major risks are, and what practical steps you can take to protect your business while staying compliant.

Note: This article provides general information only and does not constitute legal advice. If you need advice about your specific circumstances, get tailored legal advice.

What Laws Apply To Video Recording In NSW?

In NSW, video recording can be regulated by a few overlapping legal areas. The tricky part is that your obligations can change depending on the setting (workplace vs customer-facing premises), and whether your cameras also capture sound.

1) Surveillance Devices Laws (Including Hidden Cameras)

In NSW, the main law covering cameras and listening devices is the Surveillance Devices Act 2007 (NSW). In plain terms, it regulates the use of “surveillance devices” and can restrict things like:

• using optical surveillance devices (cameras) to record activities in certain private circumstances
• using listening devices to record private conversations
• installing or using surveillance devices in a way that is considered unlawful

A key concept is whether the person being recorded is doing something they reasonably expect to be private (for example, in a bathroom or changeroom). Filming in those places is where businesses often get into serious trouble.

Even if the recording is “just video”, you still need to think carefully about whether you are recording a private activity. And if your system captures audio too, you may be dealing with stricter rules around private conversations.

2) Workplace Surveillance Rules (If You’re Recording Staff)

If your cameras record your employees at work, you also need to consider NSW workplace surveillance requirements under the Workplace Surveillance Act 2005 (NSW).

As a general principle, workplace surveillance is usually much safer (legally) when:

• it’s overt (not hidden), and
• there is clear notice to employees, and
• it is used for a legitimate business purpose (like safety, security, or operations)

Hidden surveillance in a workplace is a high-risk area and should be treated as “get advice first” territory. In NSW, covert surveillance can raise specific legal issues (including around whether it is permitted at all and, in some cases, whether an authority is required).

3) Privacy And Data Handling (Footage Is Often Personal Information)

Video footage can be “personal information” if it identifies a person (or could reasonably identify them). That means privacy obligations can come into play - especially if you store footage, use it for a secondary purpose, or share it with third parties.

Not every small business is covered by the Privacy Act 1988 (Cth) (for example, many businesses with turnover under $3 million may be exempt), but privacy expectations and good data handling practices can still matter in practice - and some small businesses are covered depending on what they do.

This is one reason many businesses put a Privacy Policy in place and align their processes with what they actually do on-site (including CCTV and incident footage practices).

4) Other Risks: Harassment, Discrimination, Misuse Of Footage, Defamation

Even if the act of recording is lawful, businesses can still face legal and reputational issues if footage is:

• used to intimidate staff or customers
• used in a discriminatory way (e.g. targeting certain individuals)
• shared publicly (including on social media) in a way that harms someone’s reputation
• kept for longer than necessary, or handled insecurely

In other words: “we had cameras” isn’t a complete legal defence if the implementation or use is inappropriate.

So, Is It Illegal To Video Record Someone Without Consent In NSW?

From a business owner’s perspective, here’s the practical way to think about whether it’s illegal to video record someone without consent in NSW.

Often, visible CCTV recording in public-facing business areas is not illegal - particularly where customers and staff can reasonably expect monitoring (like near entrances, registers, shop floors, car parks, or warehouses).

But it can become illegal (or otherwise expose you to serious risk) when you record in situations where people reasonably expect privacy, or when you record audio without complying with the rules, or when workplace surveillance requirements (including notice) aren’t met.

Video Only Vs Video With Audio (This Is Where Many Businesses Slip Up)

Many CCTV systems can record audio, even if you didn’t consciously “turn it on”.

Audio recording is typically treated more strictly than video, because it can capture private conversations - and recording private conversations can carry real penalties under NSW laws.

If your “video” system also records sound, you should treat it as a higher compliance project and get the settings (and policies) right. If you also record calls for customer service or bookings, it’s worth aligning your approach with general business call recording laws so you have consistent consent and notice practices.

Where Are You Recording? (Private Areas Are Usually A Hard No)

For most businesses, the clearest “don’t do it” zones are:

• bathrooms and toilets
• change rooms / fitting rooms
• staff break rooms (depending on setup and expectation of privacy)
• any area where a person is undressing or otherwise expects privacy

Even if you think you have a strong reason (theft, misconduct, etc.), recording in these areas is extremely risky and usually not appropriate.

Are You Recording Customers, Staff, Or Both?

Businesses commonly record both customers and employees in the same space (retail floor, reception area, warehouse). That’s not automatically unlawful - but it increases the importance of:

• signage (so customers are informed)
• employee notice and workplace policies (so staff understand what’s happening and why)
• tight controls over who can access footage
• reasonable retention and deletion practices

A helpful starting point is to sanity-check your camera setup against general guidance on are cameras legal in the workplace, then tailor your approach to NSW requirements and your actual risk profile.

Common Business Scenarios In NSW (And How To Handle Them)

Let’s make this practical. Here are some of the most common scenarios we see small businesses deal with, and the typical compliance issues to watch for.

1) CCTV In Retail Stores, Cafes, Gyms, Clinics, And Studios

In customer-facing venues, CCTV is often used for:

• theft prevention and deterrence
• customer and staff safety
• incident investigation (slips, falls, aggressive behaviour)

This is generally the “lowest risk” form of video recording - if cameras are visible and placed in appropriate areas, and you have clear notice.

Many businesses also document their CCTV practices as part of their broader privacy compliance, including what footage is used for and when it may be shared (e.g. with police or insurers). CCTV-specific legal issues are also covered in our overview of CCTV laws in Australia (noting NSW has its own nuances).

2) Recording For Marketing Content (Social Media, Testimonials, In-Store Content)

Marketing recordings can be higher risk than security CCTV because you may be capturing identifiable individuals and publishing the footage.

If you film content in your store (or at events), it’s smart to consider consent and releases, especially if individuals are clearly identifiable, children are present, or the footage is used in advertising.

As a baseline, your marketing plan should reflect photography consent laws concepts - video is not identical to photography, but the same idea applies: if you’re using someone’s image for business purposes, you want clear permission.

3) Recording Misconduct Or A Workplace Investigation

This is where many businesses get into trouble.

It’s understandable to want “proof” if you suspect theft, bullying, policy breaches, or safety issues. But setting up secret recordings (especially aimed at employees) can backfire quickly if it breaches workplace surveillance rules or surveillance device laws.

If you’re considering covert recording in NSW as part of an investigation, get tailored advice first. Often, there are safer alternatives, like:

• reviewing existing CCTV footage from overt cameras
• using access logs or inventory records
• conducting witness interviews
• issuing a direction and conducting a formal process using workplace policies

Also, if you decide to collect evidence, you should be ready to handle it securely and fairly - and to use it only for the purpose you collected it for.

4) Body-Worn Cameras Or Mobile Phone Recording By Staff

Some industries (security, hospitality, frontline services) consider body-worn cameras to protect staff from abuse.

Others run into issues when employees start filming customers on personal phones, especially during disputes. Even if the intent is “safety”, this can escalate the conflict and create privacy and reputational risks for your business.

If your team might be recording (whether via body cams or phones), you should set clear rules in workplace policies and your Employment Contract documentation around:

• who is authorised to record
• in what situations recording is permitted
• where footage must be stored (and where it must not be stored)
• prohibitions on posting footage to personal social media

What Should NSW Businesses Do To Stay Compliant?

If you want a practical compliance approach (without turning your business into a legal project), focus on a few core principles: notice, purpose, placement, and control.

1) Be Clear About Your Purpose (And Keep It Reasonable)

Start with: why are you recording?

Reasonable purposes often include:

• security and loss prevention
• work health and safety
• preventing or investigating incidents
• managing access to restricted areas

Be careful about “just in case” surveillance, or using footage for unrelated reasons (for example, using security footage to critique employee performance in a way staff were never told about).

2) Give Proper Notice (Signage For Customers, Notice For Employees)

For customers, visible signage at entrances and near monitored areas helps demonstrate transparency and reduces complaints. Your signage should be easy to see and easy to understand.

For employees, it’s usually not enough that “everyone knows there are cameras”. You’ll generally want a written process that explains:

• where cameras are located
• what they record (video only vs video + audio)
• the purpose of recording
• who can access footage and when

This kind of detail often sits neatly in a staff handbook or workplace policy pack, alongside your rules on conduct, privacy, and technology use.

3) Place Cameras Carefully (Avoid Private Areas)

As a rule of thumb, place cameras in areas where people would reasonably expect business monitoring, and avoid capturing private areas (especially bathrooms, changerooms, or fitting rooms).

If you operate in a setting with “grey areas” (like allied health, beauty, fitness studios, or childcare), it’s worth getting advice on camera angles, entry points, and whether certain rooms should never be recorded.

4) Control Access To Footage (And Document Who Accesses It)

One of the biggest practical risks isn’t the camera itself - it’s what happens after footage exists.

Good practice includes:

• restricting access to a small number of authorised people
• using passwords and secure storage
• keeping a log of when footage is accessed and why
• having a clear process for responding to requests (police, insurers, complaints)

5) Set A Retention Period (Don’t Keep Footage Forever)

Many businesses keep CCTV footage for a limited period (often a few weeks) unless it’s needed for an incident. Keeping footage indefinitely can create unnecessary privacy risk and security risk.

Your retention period should match your operational needs and the nature of your business, and you should be able to explain it if asked.

6) Double-Check NSW-Specific Rules Before You Install Or “Upgrade” Systems

If you’re updating your CCTV system, adding cameras, enabling audio, or introducing new recording processes, it’s worth checking the NSW position before rollout. A setup that seems normal in one state can cause problems in another - particularly because NSW has specific rules under the Surveillance Devices Act 2007 (NSW) and the Workplace Surveillance Act 2005 (NSW).

For a broader baseline, you can also compare the principles in recording laws in Australia, then tailor your approach to NSW.

Key Takeaways

• Is it illegal to video record someone without consent in NSW? It depends - visible CCTV in public-facing areas is often lawful, but recording in private areas, covert recording, and audio recording can create serious legal risk.
• Audio recording is a common trap because many “video” systems can capture sound, and private conversations are usually regulated more strictly under NSW laws (including the Surveillance Devices Act 2007 (NSW)).
• Workplace recording needs extra care - if your cameras record employees, you should consider workplace surveillance notice requirements and clear internal policies under the Workplace Surveillance Act 2005 (NSW).
• Privacy isn’t just about filming - it’s also about how footage is stored, who can access it, how long you keep it, and whether it is shared.
• Marketing use is higher risk than security use because publishing identifiable footage can trigger consent and reputational issues.
• Clear notice + reasonable purpose + careful placement + controlled access is the practical compliance framework most businesses should follow.

If you’d like legal help setting up compliant CCTV or workplace recording practices in NSW (or reviewing a specific situation), you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.