How and when can you record audio?
Posted 27 February 2025
Category:
To record audio, all lot owners’ and occupiers’ consent must be obtained. Even if one lot owner does not give the consent, audio cannot be recorded. Recording audio without obtaining all consents from all lot owners and occupiers may be in violation of Section 7 of the Surveillance Devices Act 2007 (SDA) which provides:
7 Prohibition on installation, use and maintenance of listening devices
(1) A person must not knowingly install, use or cause to be used or maintain a listening device –
(a) To overhear, record, monitor or listen to a private conversation to which the person is not a party, or
(b) To record a private conversation to which the person is a party.
Please also note that a by-law cannot deem that consents have been provided. Provisions such as “everyone enters into the building will be deemed to give consent to the audio being recorded” are ineffective as the consents must be expressly given. Visual recordings, without audio are less strict.
This is an extract from our CCTV in Strata eBook.
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