If you are thinking about installing a CCTV system, it is important to understand and comply with relevant laws. Before setting up the cameras, conducting a Privacy Impact Assessment (PIA) is essential.

According to the Supreme Court's decision in Hamed, covert video camera surveillance without prior judicial authorization is illegal. Any agency gathering personal information must adhere to the Privacy Act's collection principles, including providing proper notification.

Legal Requirements

Regardless of the purpose of your home CCTV system, it is important to be aware of your privacy obligations. Generally, surveillance cameras may only record footage that is relevant to the purpose for which they are installed. It is also important to consider whether the surveillance infringes on other individuals’ rights, and if it does, what steps you will take to address it.


When dealing with CCTV infringement on the rights of other individuals, it's essential to follow a structured approach to resolve the issue effectively. Here are the steps you should take: Initiate contact with the affected individuals through a formal letter or email. Detail the specific ways in which the surveillance is infringing on their rights. Outline the measures you will take to address the issue and prevent recurrence.

If an agreement cannot be reached, contact your local privacy commissioner. The commissioner can guide on privacy obligations and assist in resolving the dispute.

It is illegal to place a camera where people have a reasonable expectation of privacy. This includes bathrooms, bedrooms, and similar spaces. It is also unlawful to film children without their permission. This can be done only in minimal circumstances, such as when the child is at serious risk.

The Privacy Act includes a “domestic exemption,” which means that video footage collected for personal use within your property is not subject to privacy laws. However, sharing this footage on social media could still violate the Harmful Digital Communications Act.

If you're seeking a way to enhance your family's safety, consider the advantages of installing a CCTV system at home. While there are legal requirements and privacy considerations to keep in mind, these can be managed with careful planning and adherence to regulations. For more information on balancing your safety concerns with the benefits of home CCTV, contact a security expert at Garrison Alarms.

Privacy Considerations

CCTV is a powerful tool, but it also carries serious privacy concerns. If a homeowner doesn’t carefully consider how the system is used and how it might impact others, they could run into legal issues. For example, if a home security camera is pointed at a neighbour’s property or captures footage of people in public spaces, the homeowners will need to get their neighbours’ consent before recording them. They must also place appropriate signage to notify others that they are being recorded and make sure the recordings are not shared online.

Furthermore, CCTV footage falls under the category of personal data as per the General Data Protection Regulations (GDPR). Homeowners must ensure their recording practices do not violate privacy rights and adhere to legal standards for data storage and retention. This involves implementing a data retention strategy and performing regular audits for adherence.

Although CCTV alarm serves as an effective means to deter and detect criminal activity, it also presents vulnerabilities if compromised by hackers. Such breaches can allow cybercriminals to observe and learn the homeowner's daily patterns, potentially exploiting this information for advanced phishing schemes or malware attacks.

Privacy laws for public spaces are generally more stringent than those for private homes, but ensuring that surveillance does not infringe on individuals’ privacy is still essential. For example, it is generally prohibited to point surveillance cameras at areas where people expect privacy, like bathrooms and locker rooms. Homeowners should check with local officials for specific details on what’s allowed and not allowed.

Signage

In New Zealand, the regulations concerning CCTV surveillance mandate the placement of prominent signage that notifies individuals about being monitored. This practice serves not only as a legal obligation but also as a deterrent to potential thieves who may be enticed by the presence of security cameras in vulnerable areas of residential properties, where they could attempt theft of valuable items.

The guidelines established by the Privacy Commissioner for organizations utilizing CCTV technology outline several requirements. These include the necessity for organizations to clearly articulate the reasons behind their video recording activities and specify the intended use of the collected information. Furthermore, organizations are advised to limit the collection of personal data and ensure its secure disposal once it is no longer required.

Carters, for example, has CCTV at many of its sites and all employees are informed of this when they start work. This includes a privacy notice on the company’s website that explains how the personal information collected by Carters CCTV is used and gives staff their rights under the Privacy Act.

Employers are allowed to monitor their employees while they work as long as they comply with the law, which includes not invading the employee's privacy in any way and only recording work-related activities. This is often done to ensure the safety and security of the premises, prevent theft, and encourage good working practices.

A neighbor may be upset if they know you are recording without their permission, especially if it is done at night. They can complain about this matter to the Privacy Commissioner. However, they may have difficulty proving that the surveillance was illegal if no signs were alerting them to what was going on.

It is a good idea to have discussions with your neighbours before setting up CCTV. Ask them what they are doing in their homes that you would like to know about and agree on a reasonable limit. This could include not pointing your camera at their property or doors or windows and making sure that you do not share any footage of them online, even with friends and family members.

Planting Hidden Cameras

A CCTV system can effectively discourage criminals, but homeowners must follow the law when installing security cameras. According to the Green Party, installing covert CCTV on private property without the owner's knowledge is unlawful, and New Zealand has stringent rules prohibiting spying on neighbours.

The Supreme Court's Hamed ruling rules that covert CCTV surveillance that entails trespassing is illegal. While this has no direct influence on the usage of CCTV in homes, it has had a significant impact on ongoing criminal and proceeds-of-crime processes, as well as police investigations into very serious crimes.

According to privacy law expert Kathryn Dalziel, homeowners should be aware that if they point their CCTV camera outside their home into other people’s private living spaces such as bedrooms or lounge rooms, and share this footage on social media, they could be breaking civil or privacy laws. There is a domestic exemption for CCTV but if you’re looking into other people’s private living spaces from the street or your property, this can be deemed as a peeping tom and could break laws in the Summary Offences Act, she says.

She says that if you want to set up cameras at home, talk to your neighbours about it first and put up signs warning others of the cameras. It’s also important to record the footage of other people as little as possible and not in a way that makes them feel uncomfortable, she adds.

Employers need to consider the impact of CCTV on their employees before deciding to install CCTV. While employers are allowed to monitor their employees while they are working, privacy laws require them to notify their employees and clearly explain why the monitoring is necessary.

As the use of CCTV continues to grow, businesses and homeowners must comply with the law. Those who do not meet the requirements of the law may face compliance actions; if you are considering installing CCTV, please contact our team of experts to discuss how to comply with privacy laws.