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One exception is if the principal parties to the private conversation or the persons who took party in the activity consent to the person possessing a record of the private conversation or activity.
Another exception is if the person possesses the record as a consequence the record being shared with that person in a manner that is not in contravention of section 11. A person must not publish, or communicate to any person, any information regarding the input of information into, or the output of information from, a computer obtained as a direct or indirect result of the use of a data surveillance device in contravention of this Part.
Generally, it is an offence to knowingly install, use or maintain a tracking device to determine the geographical location of a person without their permission, or to determine the geographical location of an object without the permission of the person in lawful possession or having lawful control of that object.
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The Surveillance Devices Act 2007 (NSW) (‘the Act’) regulates the installation, use, maintenance and retrieval of surveillance devices in NSW.
A ‘surveillance device’ means a data surveillance device, a listening device, an optical surveillance device, or a tracking device.
Reasonably necessary for the protection of the lawful interest of that principal party: There is a distinction between Ltd (2000) 173 ALR 518, 523 .
Whether a recording is reasonably necessary for the protection of the lawful interests of a party is objectively determined, having regard to the lawful interest existing at the time of making the recording. An ‘optical surveillance device’ means any device capable of being used to record visually or observe an activity, but does not include spectacles, contact lenses or a similar device used by a person with impaired sight to overcome that impairment.
For relevant criminal offences, please see the Legal Guide to Relevant Criminal Offences. A ‘tracking device’ means any electronic device capable of being used to determine or monitor the geographical location of a person or an object.
Common examples: GPS tracking device, mobile phones with GPS tracking activated, a desktop computer/laptop/mobile device linked to a GPS tracker on the person being tracked.Whilst acknowledging that each woman's experience is unique and individual to her circumstances, for consistency, these guides will refer to women who are experiencing, or who have experienced, domestic violence as 'victims' of domestic violence.While domestic violence can happen in many circumstances (including in non-heterosexual relationships), in the vast majority of reported domestic violence cases men are the perpetrators and women the victims.Common scenarios: As long as the installation, use or maintenance of an optical surveillance device does not involve the unauthorised entry onto/into a premise or vehicle or unauthorised interference with a vehicle or other object, it is not an offence under section 8 of this Act.Common scenario: However, the use of the surveillance cameras might be in contravention of other laws – for example, it would be a criminal offence for a person to install a surveillance camera in the bathroom of his own home to film a person getting in and out of the shower, knowing that the person has not consented to being filmed in such a way.‘Report’ of a conversation or activity includes a report of the substance, meaning or purport of the conversation or activity.Tags: Adult Dating, affair dating, sex dating