Is your home for sale or rent and you have security cameras installed? Or maybe you're thinking of beefing up security by installing some cameras for your open houses? Sounds like a smart move, but before you hit record, let's talk about the legal stuff you need to know.
Security cameras are able to be utilised to monitor open homes subject to certain legal restrictions. It is important that homeowners are aware of the laws relating to recording devices in open homes because inadvertent contravention may result in the commission of an offence pursuant to the Criminal Code Act 1899 (Qld) (Criminal Code) and/or the Invasion of Privacy Act 1971 (Qld) (IOP Act).
Lights, Camera, Action: Video Recordings
First off, let's talk about video recordings. You can't just point your camera anywhere and hit record, especially if it's in places where people expect some privacy pursuant to section 227A of the Criminal Code. Stick a camera in the bathroom or bedroom without folks' consent, and you could end up in hot water The maximum penalty for committing an offence pursuant to section 227A is imprisonment for three years.
Hearing is Believing: Audio Recordings
Now, some cameras come with fancy features that let them pick up audio too. But hold your horses! There are rules about what you can record. Don't go capturing private chats without permission; that's a big no-no under privacy laws. In that regard, it is an offence to capture or share audio recordings of private conversations pursuant to sections 43 and 44 of the IOP Act.
The types of conversations held at an open home are likely to be between potential buyers or tenants, and could include things like financial and family situations.
Shhh...Private Conversations Ahead
Speaking of private chats, overhearing or recording them without the other party's knowledge is a serious offense. Unless you're part of the conversation or it's happening in the middle of a crowded room where everyone can hear, keep those ears and mics in check.
Pursuant to section 43 of the IOP Act, it is an offence to use a listening device to overhear, record monitor or listen to private conversations such as those described above. The maximum penalty for committing an offence pursuant to section 43 is 40 penalty units ($6,192) or imprisonment for two years.
Getting the Green Light: Consent
Okay, so how do you make sure you're in the clear? Easy - get consent! Let people know they might be recorded. Whether it's with signs, a quick heads-up from your real estate agent, or even a consent form, just make sure everyone's on the same page.
Sharing Isn't Caring: Audio Recordings
And lastly, remember this: sharing audio recordings of private conversations without permission is unlawful under section 44 of the IOP Act and may lead to penalties. So make sure to those juicy tidbits to yourself!
In conclusion, homeowners should navigate the use of security cameras during open homes cautiously, ensuring compliance with privacy laws. Disabling audio functions or obtaining consent from potential buyers are advisable strategies to mitigate legal risks.
Stay on the right side of the law and keep those cameras rolling responsibly.
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