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ARTICLE · 30 AUGUST 2022

The law on recording devices in NSW

O'Brien Criminal & Civil Solicitors
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What are recording devices? When is it lawful to use them? Can you record someone without their consent?

AustraliaPrivacy
Peter O'Brien
Peter O'Brien
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What are recording devices?

In New South Wales, the Surveillance Devices Act 2007 ('the SDA') regulates the use of any recording devices. This includes the use, installation and maintenance of a listening device to record, monitor or listen to a private conversation. Pursuant to the SDA, a surveillance device includes listening devices, optical or data surveillance devices, or tracking devices. Colloquially we often call them bugs.

Can you record someone without their consent?

It is an offence in NSW to record private conversations without the consent of all parties. This can carry penalties including fines and up to 5 years imprisonment.

When is it lawful to use recording devices?

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