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For how long do the recordings need to be kept?

Posted 27 February 2025

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According to a recent Tribunal case, Benoit De Tarle v The Owners Corporation Strata Plan 576 [2022] NSWCATAP 77, the Tribunal agreed that CCTV recordings are a form of records. However, the Tribunal rejected the proposition that “the footage is a record of the kind specified in s 180(1)(a) or in any other provision in Part 10 Division 1 of the Act (being the SSMA). In other words, there is no requirement in the Act that the footage be retained for seven years……”.

However, we also note that according to Section 182 of the SSMA, the owners corporation will need to produce records for inspection at a request by a lot owner. This would create a dilemma for the owners corporation to keep records of the footage for inspection purpose as oppose to the hard drive recycle period.

It is recommended that when the owners corporation passes the resolution to install cameras in the common property, the following matters should be discussed and inserted in the by-laws in order to address the dilemma:

  • how and where the data will be stored;
  • how long the data will be stored; and

(3) who has the access to the data.

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This is an extract from our CCTV in Strata eBook.

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