As most owners corporation management professionals know, CCTV is not only a vital security measure and deterrent; it can also aid compliance and the overall sense of safety within your strata development.
But what are the legal requirements that owners corporations (OCs) need to be aware of when installing, monitoring and providing access to CCTV?
There’s a fair amount of misinformation out there about the rules, regulations and responsibilities surrounding CCTV. At AboveOCM, we’re used to fielding all kinds of CCTV queries, and below we share the common myths and realities you should know.
Common Myths and Realities of CCTV Use in Owners Corporations
Myth: OC Managers actively monitor CCTV 24/7.
While CCTV cameras may be recording 24/7, they are not continuously monitored by OC managers (or anyone else, generally). CCTV is in place to capture visual evidence in case of incidents or emergencies. For example, if someone backs into someone else’s car but doesn’t report it or leave any contact details to resolve the incident, a resident could request access to CCTV footage to identify the person responsible for the damage.
Reality: CCTV is only checked when requested and necessary.
Residents should provide a valid reason for any requests to access CCTV footage. If a resident would like access, they should make their request as expeditiously as possible and make a note of the date and time they believe the incident occurred, so that it’s more likely the specific incident or footage timeframe can be found and provided.
Myth: CCTV footage is kept indefinitely.
There is some confusion around how long CCTV recordings are stored, especially within strata developments. The truth is, there are limits on how long recordings are kept. Keeping in mind that even though CCTV can only record common areas, including entryways, stairwells, and parking garages, this would secure a large volume of footage that can be costly to store indefinitely.
Reality: CCTV footage is kept and deleted in line with State privacy laws.
Each state in Australia has privacy laws that govern how long CCTV footage of common areas can be stored before it must be deleted. In general, CCTV footage in strata developments should be kept only as long as is necessary for the purpose for which it was recorded. While there is no specific legal timeframe in Victoria, standard practice adheres to other privacy law guidelines of from 30 to 90 days, unless the footage is required for another purpose. For example, if the footage has been requested as part of an investigation of an issue, it can be kept for longer.
Myth: OC Managers have to provide requested footage within 48Hours.
OC managers are not required to provide CCTV footage unless there is a specific policy for general access. CCTV footage is generally restricted to specific individuals within the committee or when specific circumstances require footage be provided. In some instances, requests may require consent from the owners’ corporation committee to protect privacy.
Reality: OCs need time and specific information to locate CCTV footage.
When requests are approved, there’s generally no set time limit for when this should be provided, especially if specific details are missing. It can take time to review the footage to find the exact information requested. Individuals requiring access to CCTV footage should provide as much detail as possible regarding time, date and location to help OC managers narrow down the footage.
Myth: OCs have to provide access to CCTV footage for free.
While some states or OCs can provide requested footage for free, some do charge a fee. This is usually used to cover the administrative costs of accessing the recordings and locating the specific footage they asked for, which can take time depending on the specifics provided.
Reality: CCTV cannot capture audio by law.
It is generally illegal for CCTV footage to capture audio without consent from those involved, and for this reason, most CCTV in strata developments does not capture or record audio. This is beneficial for residents to know for their own privacy protection, and also for anyone requesting access to footage to understand that it will be limited to visual capture only.
Stay Across Your CCTV Responsibilities With AboveOCM
The AboveOCM team is not only an expert in the safety of your strata development, but we genuinely care about your and your residents’ safety.
We ensure we stay across the legal and privacy requirements relating to CCTV and work with your committee to provide clear guidance when needed.
Contact us today if you’re looking for more efficient owners corporation management.
