Woolworths has begun trialling the use of small cameras in aisles to reportedly monitor stock levels at its Wetherill Park store.
The trial will see more than 500 cameras mounted to shelves near price tags. The cameras will take pictures of the shelf opposite every hour so staff can see which products require replenishing. The objective is to reportedly assist real-time inventory management and restocking prioritisation. The cameras will be placed all around the store, including in the fridge, freezer and fresh produce sections, as well as every aisle.
Signs will be placed at the front of the Wetherill Park store to disclose the trial, while any shoppers who are inadvertently photographed by the cameras will apparently be silhouetted out.
Laws Governing Cameras in Public Places
An organisation or agency that uses a surveillance device, such as a security camera or CCTV, generally must follow several laws, however limited.
The Privacy Act 1988 (Cth) (‘the Act’) at a federal level, governs the way in which business entities and federal government agencies must handle personal information, largely through the 13 Australian Privacy Principles (APPs) set out within the Privacy Act. The Act generally affords a higher level of protection to sensitive information.
The Act regulates Australian Government agencies and organisations with an annual turnover of more than $3 million, and some other organisations. These organisations must:
- Disclose that a person’s image may be captured before a person is recorded;
- Make sure recorded personal information is secure and destroyed or de-identified when it is no longer needed; And
- State and territory surveillance and monitoring laws also cover surveillance devices.
Unfortunately, in NSW there is no general common law right to privacy. There have been two High Court cases where the existence of such a general right was discussed and held not to expressly exist. Although the High Court in Australian Broadcasting Corporation v Lenah Game Meats [2001] HCA 63 left open the concept of common law privacy, a general right to privacy has not been established. There is however legislation that should be considered when an owner’s corporation in NSW wishes to install any surveillance system.
An owner’s corporation should adhere to Strata Schemes Management Act 1996 (NSW), namely its power pursuant to section 47 of the Act to pass a by-law regulating the installation, maintenance and operation of any security system (including any surveillance system).
The Surveillance Devices Act 2007 (NSW) (the SD Act) regulates the use of listening and surveillance devices. While there is a general prohibition on the use of listening devices to record private conversation, section 8 of the SD Act does not prohibit the use of optical surveillance devices such as CCTV, provided that there is either express or implied consent from the owner of the land on which the device is installed.
