Are Uber Drivers Allowed To Have Cameras

Is It Legal For Uber Drivers To Record Footage Of Passengers?

Information technology's common to see taxis fitted with cameras. Information technology'southward a security measure for identifying unruly or violent passengers and to record the faces of people who jump out without paying the fare. Since Uber came on the scene, more and more individual machine owners are becoming drivers for hire in their spare time. Some of these drivers have fitted video surveillance equipment in their cars, but is that legal? Permit's discover out.

Video recordings fall under optical surveillance and the laws that govern that vary from state to state. Comport in mind that even if a state does permit for video surveillance nether certain circumstances, it's notwithstanding illegal to use it for criminal activities such as filming somebody in a bath or naked without their knowledge. Publishing the recordings without consent is also prohibited. Today, we will only await at the legality around recording video footage; we've already covered vocalization recordings of individual conversations and you can detect the article here.

In NSW, according to the Surveillance Devices Act 2007, it's an offence to use an optical surveillance device if the installation or maintenance of information technology involves entering a premise or vehicle without the express permission of the owner.

SmartSafe.org.au notes that:

"As long every bit the installation, use or maintenance of an optical surveillance device does not involve the unauthorised entry onto/into a premise or vehicle or unauthorised interference with a vehicle or other object, it is non an offence under section viii of this Act."

In Victoria, Western Commonwealth of australia and the Northern Territory, you tin can't record video of individual activity, which refers to action that is carried on within a building, when it'due south reasonable to assume the people involved don't want to be seen by others. There are some exceptions, co-ordinate to private investigator company Privatei:

If you lot are a political party to the activity, surveillance by you is not restricted. No consent past the other parties is required.

If the activity is happening outside, surveillance is non restricted.

If the parties should reasonably expect they may be seen by people other than themselves, surveillance is non restricted.

If the circumstances indicate the parties don't care if they are seen, surveillance is not restricted.

It's a bit tricky to determine whether an Uber driver video recording a passenger is legal in those states. We're inclined to recollect that being in a automobile means that it's reasonable to assume that you expect to be seen past others.

In Queensland, you need consent to tape somebody if they are in a private place or if they are engaging in a private act. However, a car is not considered a private place.

South Australia, the ACT and Tasmania accept no regulations in relation to video-merely surveillance.

At that place is as well the matter of responsible disposal of the data to consider. Usually, these kind of things would be covered past the Privacy Human activity but that only applies to organisations with an annual turnover of more than $3 million. It'south hard to say whether Uber drivers fall into this category; sure, they work under the Uber make but they are essentially working for themselves.

We asked Uber whether it informs drivers on their rights and responsibilities when it comes to operating surveillance cameras in their vehicles and accept nevertheless to receive a response. We volition update the article accordingly if we do hear back from Uber.

Give thanks yous to our reader Alicia for sending us this question!

Did you merely catch yourself wondering if something was legal or not? Let us know and we may be able to respond it in our adjacent Is Information technology Legal? feature.