Yes, dashcams are legal in Australia, but their use is subject to privacy and surveillance laws enforced by state/territory regulators and the Office of the Australian Information Commissioner (OAIC). While recording public roads is permitted, publishing footage containing identifiable individuals without consent may breach the Privacy Act 1988 or equivalent state laws. The Surveillance Devices Act 2004 (Cth) and state counterparts (e.g., Surveillance Devices Act 2004 (WA)) impose additional restrictions on audio recording and data retention.
Key Regulations for Dashcams in Australia
- Privacy Compliance: Footage featuring identifiable individuals cannot be shared publicly without consent under the Privacy Act or state equivalents (e.g., Privacy and Personal Information Protection Act 1998 (NSW)). Exceptions apply for law enforcement or legal proceedings.
- Audio Recording: Recording audio without consent is illegal in most states (e.g., Surveillance Devices Act 2004 (Vic) prohibits it unless all parties agree). Visual-only recording is generally permitted.
- Data Retention: Dashcam footage must be stored securely and deleted within 30 days unless required for legal purposes. The OAIC’s 2026 guidelines emphasize proportionality in data collection and retention.
State-specific variations exist; for example, Queensland’s Information Privacy Act 2009 applies to government agencies, while private use falls under common law. The Transport Operations (Road Use Management) Act 1995 (Qld) permits dashcams for evidentiary purposes but prohibits obstructing views. Non-compliance risks fines up to $44,000 (federal) or state penalties. Always verify local laws before deploying dashcams in commercial fleets or shared vehicles.