270Offences relating to security cameras and privacy of passengers

270 Offences relating to security cameras and privacy of passengers

(1) A person must not download or print an image or other data obtained from the use of a security camera installed in a commercial passenger vehicle unless—

(a) the person is acting in accordance with—

(i) an agreement under section 271; or

(ii) the regulations (if any); or

(b) the person is employed by the regulator or the person's services are being used by the regulator in accordance with section 115R(2) of the Transport Integration Act 2010 and is acting in accordance with—

(i) the written authorisation of the regulator; or

(ii) the regulations (if any).

(2) A person must not—

(a) possess, publish, transmit or disclose to any other person an image or any other data obtained from the use of a security camera in a commercial passenger vehicle; or

(b) transmit images or data directly from a security camera in a commercial passenger vehicle—

unless the person is acting in accordance with the written authorisation of the regulator or the regulations (if any).

(3) The regulator's written authorisation for the purpose of subsection (1)(b)(i) or (2) is subject to—

(a) the conditions determined by the regulator and specified in the authorisation (if any); and

(b) the prescribed conditions (if any).

(4) A person must not make an audio recording of any passenger of a commercial passenger vehicle.

(5) Nothing in this section—

(a) prohibits anything done by a police officer in the course of their duty that would be lawful apart from this section; or

(b) affects or takes away from the provisions of the Surveillance Devices Act 1999.

Section 284 (criminal liability of officers of bodies corporate—failure to exercise due diligence) applies to an offence against subsection (1), (2) or (4).

S. 271 inserted by No. 63/2017 s. 19.