When a tenant complains about your security cameras, it’s not just a minor issue — it’s a legal and ethical matter that must be handled carefully. The privacy legislation in New South Wales (NSW) is strict about where, how, and by whom surveillance systems can be used, especially in residential and shared spaces. Landlords and business owners must balance property security with tenants’ rights to privacy.
Before installing new cameras or adjusting existing ones, it’s best to work with professional Security Camera Installation experts who understand NSW laws and placement regulations. Knowing your obligations helps you stay compliant, prevent disputes, and ensure your property remains secure and legally protected.
Why tenants complain about security cameras
Tenants raise concerns about surveillance for many reasons. Understanding these helps landlords and property managers maintain fairness and compliance.
1. Invasion of private spaces
The most common concern arises when cameras record or face personal areas such as balconies, bedroom windows, or private yards. Filming in or near these areas is considered a violation of personal privacy.
2. Lack of notice or consent
Tenants expect transparency about surveillance systems in shared or adjacent spaces. Failing to notify them or seek consent can lead to mistrust and disputes, even if the cameras were installed for legitimate safety reasons.
3. Misunderstood purpose and data storage
If tenants are unaware of why cameras were installed or how footage is stored, they may feel uneasy. Explaining that cameras are meant to prevent theft or improve safety — along with outlining how long data is retained — builds trust and avoids conflict.
4. Concerns about constant monitoring
Tenants may also fear misuse of camera footage or excessive monitoring. Without a valid reason or clear boundaries, continuous surveillance can easily be viewed as harassment or privacy abuse.
Understanding legal boundaries in NSW
In NSW, privacy and surveillance are regulated by the Surveillance Devices Act 2007 (NSW) and the Privacy Act 1988 (Cth). As a landlord or business owner, you must ensure your system complies with these laws.
Legal placement of cameras
You can install cameras in open or shared areas like entrances, hallways, or car parks, provided there is a legitimate security need. However, placing them in private areas such as bathrooms, bedrooms, or balconies is strictly prohibited.
If your property is part of a strata or apartment complex, review the strata bylaws first, as they may include additional restrictions on surveillance in shared spaces.
Privacy and tenant consent
Before installing cameras, landlords should provide written notice to tenants outlining where cameras are located, why they are installed, and how the footage will be used. Clear communication reassures tenants that the purpose is safety — not surveillance — and helps maintain a respectful and lawful relationship.
Access control and data security
Under Australian privacy laws, tenants have the right to know if they are being recorded and, in certain cases, to request access to footage that includes their image.
All video data should be stored securely, with access restricted to authorised personnel only. Using encrypted systems and regularly reviewing data-handling procedures ensures responsible storage and compliance with privacy standards.
Criminal penalties for breaches
Violating NSW surveillance laws can lead to severe penalties. Recording or using footage unlawfully may result in heavy fines or criminal prosecution under the Surveillance Devices Act 2007 (NSW).
Non-compliance can also damage your business reputation and tenant relationships. Consulting experienced Commercial Lease Lawyers helps landlords ensure that their surveillance setup aligns with tenancy and privacy regulations, reducing the risk of liability.
How to resolve tenant complaints about security cameras
When tenants raise privacy concerns, landlords must respond promptly and within the law.
1. Listen and review the concern
Start by understanding the complaint. Determine whether the camera points towards a private area or if the issue stems from a misunderstanding. Reviewing camera placement and footage angles helps identify any valid issues.
2. Review lease agreements and privacy policies
Check your lease agreements for clauses relating to property security and surveillance. Seek advice from Commercial Lease Lawyers to interpret these terms correctly and ensure compliance with NSW privacy laws. They can also recommend lawful amendments to avoid future disputes.
3. Make necessary adjustments
If a camera violates privacy or overlooks a restricted area, reposition or remove it immediately. Transparency can also be improved by adding visible signage informing residents and visitors of active surveillance.
4. Document your actions
Keep a record of all complaints, communications, and changes made. Documenting your actions provides legal protection for both landlord and tenant should further disputes arise.
5. Engage professional installers
Incorrectly positioned cameras are one of the leading causes of privacy complaints. Partnering with qualified Security Camera Installation specialists ensures compliance with NSW laws and helps you avoid unnecessary legal complications.
Best practices for landlords and businesses
Following these practices keeps your property secure while respecting tenant rights:
- Be transparent: Always inform tenants about camera locations and their purpose.
- Limit coverage: Only monitor necessary areas such as entryways or car parks.
- Secure footage: Use encrypted storage and restrict access to authorised personnel.
- Display signage: Mark all monitored areas clearly with CCTV warning signs.
- Review policies regularly: Privacy laws evolve. Keep your documentation and systems up to date.
Ending note
Handling surveillance concerns isn’t about confrontation — it’s about acting responsibly and lawfully. Evaluate your system’s placement, communicate openly with tenants, and prioritise transparency at every stage.
If you’re uncertain about your obligations, consult Commercial Lease Lawyers for legal advice and compliance guidance. Working with trusted Security Camera Installation experts and even a commercial plumber during property maintenance ensures your building’s infrastructure — from security to drainage — is safe, compliant, and fully functional.
A well-managed and compliant surveillance setup fosters trust with tenants, safeguards property, and ensures peace of mind for all parties involved.
FAQs
- Are security cameras allowed in NSW without tenant notification?
No. Landlords must provide notice before installing or using cameras in or around rental properties, especially in shared or semi-private areas.
- Can you use cameras inside rented units?
No. Installing cameras inside a tenant’s private living area is considered an invasion of privacy and is illegal under NSW law.
- What should tenants do if they feel their privacy is being violated?
They should first raise the issue with the landlord or property manager. If unresolved, they can escalate the matter to the NSW Civil and Administrative Tribunal (NCAT) or privacy authorities.
- Can camera footage be shared with others?
Footage may only be used for lawful purposes such as police investigations or insurance claims. Sharing or posting footage without consent breaches privacy laws.
- How can landlords ensure compliance with NSW surveillance laws?
Hire professional Security Camera Installation experts, consult Commercial Lease Lawyers, and review lease terms and privacy policies regularly. Conducting system audits ensures ongoing compliance and tenant trust.