Government granted free rein of CCTV

Local governments will be able to use closed-circuit television (CCTV) surveillance without regard for privacy law after the Greens lost a bid to have the State Government’s decision overturned.

The government moved an amendment in May to exempt councils from two sections of the Privacy and Personal Information Act in their usage of CCTV, following a decision in the Administrative Appeals Tribunal which ruled against Shoalhaven Council.

The tribunal found Shoalhaven had not complied with regulations because it had no purpose for collecting the data other than forwarding it to police. Under the Act, public sector agencies are only allowed to collect such data if it is necessary for and directly related to their own functions or activities.

Minister for Local Government Don Page said the amendment struck the right balance between individual rights and community safety.

“The government’s regulation means that these cameras can stay on,” he said.

But the Greens’ Spokesperson for Local Government, David Shoebridge, accused the government of a knee-jerk reaction to the tribunal’s decision, and engaging in a law and order auction.

“The overreliance on CCTV by councils and others as a solution to managing public spaces does not prevent crime, and does not improve public safety,” Mr Shoebridge said.

“There are elements of the public realm where it is appropriate to have CCTV footage, but it needs to be part of a broader and comprehensive package.”

He said the government had changed its rhetoric on the surveillance devices because statistics had shown they do little to prevent crime.

“We’re now being told the purpose is to prosecute criminals and gather evidence.”

Mr Page said the Greens disallowance motion was disappointing and would expose communities to crime and violence.

“It is disgraceful that under the guise of ‘privacy protection’ the Greens want to cloak the criminals in anonymity,” he said.

Mr Page told City Hub councils would still be required to comply with most principles of the Privacy Act.

“This includes installing and maintaining appropriate signs near CCTV cameras and keeping data collected from the CCTV system secure, preventing unauthorised access and monitoring compliance with data safeguards,” he said.

The NSW Police Association also backed the government’s decision, saying the cameras actively help prevent crime by giving police the capacity to respond to events as they occur.

The Greens’ disallowance motion was defeated in the upper house on Tuesday by 32 votes to five with the help of the Opposition. Labor’s deputy leader in the Legislative Council, Adam Searle, said the legislation did not pose a “serious infringement on someone’s liberty or rights”.