5950

Q&As and counting

November 2016

Privacy - Advertising - Video footage - People and number plates

November 2016
Other
Queensland

Asked

Hi,

We have a client who took some video footage for advertising. In the video there are people and number plates etc. He has not obtained any authority for people to be filmed however he has blocked out their faces and information. Are their any legal issues that he should be aware of.

Kind regards
 

Answered

Thank you for the question.

The Privacy Act 1988 protects personal information that is held, or collected for inclusion, in a ‘record’. A ‘record’ is defined to include a photograph or other pictorial representation of a person: See s6 of the Privacy Act. If an individual’s identity is apparent, or can reasonably be ascertained, from a photograph or other image, then the collection, use and disclosure of that image is covered by the Privacy Act. This extends to video images as well as still photographs.

Regards

Mentor
 

Other
Queensland