May 3, 2023
The State Government is inviting public feedback on recommended reforms surrounding the use of surveillance devices such as CCTV, tracking devices and drones.
The Queensland Law Reform Commission (QLRC) has examined the adequacy of laws surrounding these devices and has provided recommendations to strengthen privacy.
It has recommended a staged approach to implementing reforms, starting with criminal prohibitions on the use of surveillance devices and technologies in both civil and workplace environments.
Surveillance devices discussed in the consultation paper include CCTV, tracking and digital recording devices, as well as recreational and commercial drones with advanced optical and audio recording capabilities.
While Queenslanders are currently protected by laws governing the use of listening devices in certain circumstances under the Invasion of Privacy Act 1971, the consultation paper discusses more comprehensive protections.
The criminal prohibitions suggested would regulate optical, tracking and data surveillance devices in legislation, as well as impose criminal penalties on the use, installation, and maintenance of surveillance devices without consent, and the sharing of information obtained from a surveillance device.
The proposed reforms are of general application and, if enacted, would apply to all people and workplaces and their surveillance device practices.
The consultation will also offer an opportunity to express views on how to regulate workplace surveillance and find the right balance between reasonable workplace practices and expectations of privacy.
Attorney-General Shannon Fentiman said the State Government wanted to make sure Queensland laws kept pace with advancements in technology, without disrupting their intended safe use.
“It is critical that we have legislation that reflects a modern Queensland and effectively protects against invasions of privacy carried out through the use of various types of surveillance devices,” she said.
“The consultation paper is about seeking views on the approach to stronger privacy protections for Queenslanders, and making sure technology is prohibited from harmful use, such as harassment, or further hurting victims of domestic and family violence.
“I encourage everyone with an interest to provide feedback, because community input from a diverse range of stakeholders will ensure that any reforms are relevant and effective.”
The consultation paper is available online. Submissions close on May 31.
- External link: QLRC-Report-77-online (3.2MB PDF)
