Whether you can access information on yourself or whether an organisation or person can access information about you, will depend on what that information is and who has the information. There are three broad groups which collect information on people:

There is no general right for people to see the information held by businesses or other people. There is no common law right to privacy. In other words, just because a person or company has a file on you does not automatically mean you have the right to see that file.

In contrast, the Commonwealth and State legislation gives people the right to access information held by government departments and agencies (for example, the Australian Taxation Office, Centrelink, the Police and Commonwealth and State health departments) and certain private sector entities.

The Privacy Act 1988 (Cth) outlines how, why and what information the Commonwealth government can compile and store, and ensures that information collected is safely held and not abused (for example, it ensures that information not provided to a particular Commonwealth department or organisation is not transferred to another department or organisation without the knowledge or consent of that person, except in limited circumstances). Some private bodies, such as health organisations, must comply with similar requirements under this law.

At present, there is no privacy legislation applying to State government departments although Cabinet has issued privacy instructions to departments giving a measure of protection to South Australians.

None of these laws bind private individuals. The only limitations on an individual invading someone's privacy are contained within other specific legilsation. For example, stalking and recording private conversations.

Recording conversations

It is not uncommon for someone to record a conversation. This might be done by an employer or by someone with whom a person is having a dispute. The Listening and Surveillance Devices Act 1972 prohibits the recording of a private conversation, the penalty for which is a fine up to $2000 or imprisonment up to a maximum of six months, or both [s 4].

A private conversation can only be recorded by a person who is a party to the conversation and the recording is:

An example of protecting a person's lawful interest may include, a person recording a debtor admitting owing money where there is no written proof and that person wishes to avoid the debtor later denying the debt.

A person who is not taking part in a conversation cannot lawfully record a conversation.

Photography and Film

There are no general restrictions on the taking of photographs or film in a public place or from a public place. The only restrictions would be that the photo not: be indecent (such as 'up the skirt' photos), of a child in a provcative or sexual manner, be used for voyeurism, protected by a court order (eg. child custody or witness protection), defamatory or being for commercial purposes.

If the photos or film are being taken on private property, then the owner of that property may impose their own limitations on who can take photos of what. This means that if a sporting club uses council owned property for its events then the council may impose limitations on photography. This does not stop someone taking photos on the private property from a public place outside that property.

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