1. Intimate Covert Filming Bill
(Or where “Peeping Tom” meets the Internet)
11/24/2018

2. Intimate Covert Filming Bill
What is intimate covert filming?
Why a legislative response?
How does the legislation respond?
What is not covered in the Bill
Other options
11/24/2018

3. What is “intimate covert filming”?
Making a surreptitious visual recording of another person in an intimate situation without their knowledge or consent in circumstances the other person could reasonably expect to be private
A person is in an intimate situation if they are:
Naked or private areas partially exposed
Engaged in intimate sexual activity
Engaged in showering or toileting
“Peeping Tom” activity
11/24/2018

4. Why legislation?
Implications for personal privacy of the combination of new technologies and intimate covert filming
New forms of prurient behaviour
Intersection with sexual offences
Not adequately dealt with by existing laws
Overseas legislative responses
11/24/2018

5. Activity covered by the Bill
Prohibition on making an intimate visual recording
Offence to publish, import, export, sell intimate visual recording
Offence to possess intimate visual recording in certain circumstances
11/24/2018

6. Activity not covered by Bill
Statutory exceptions to offences
Covert observation, but not recording
Intimate covert filming where no reasonable expectation of privacy
Covert filming in non-intimate circumstances (even for prurient purpose)
Publication of images of people in intimate circumstances if recording done with their knowledge or consent
11/24/2018

7. Intimate covert filming – other options
Bill concerned only with criminal offending
Civil proceedings
Privacy Act complaint procedures
11/24/2018