SURVEILLANCE DEVICES ACT 1998 - SECT 27

SURVEILLANCE DEVICES ACT 1998 - SECT 27

27 .         Use of optical surveillance devices in the public interest

        (1)         A person who is a party to a private activity may use an optical surveillance device to record visually the private activity if a principal party to the private activity consents expressly or impliedly to that use and there are reasonable grounds for believing that the use of the optical surveillance device is in the public interest.

        (2)         A person who is acting on behalf of a party to a private activity may use an optical surveillance device to record visually or observe the private activity if a principal party to the private activity consents expressly or impliedly to that use and there are reasonable grounds for believing that the use of the optical surveillance device is in the public interest.

        (3)         A person who has under his or her care, supervision or authority a child or a protected person who is a principal party to a private activity may, on behalf of the child or protected person, use an optical surveillance device to record visually or observe the private activity if there are reasonable grounds for believing that the use of the listening device —

            (a)         will contribute towards the protection of the best interests of the child or protected person; and

            (b)         is in the public interest.

        (4)         In this section —

        protected person means a person who by reason of mental impairment is unable to consent in accordance with subsection (1) or (2) to the use of an optical surveillance device.