Legal Considerations Around Recording Customers Who Enter My Business
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As a business, you may consider installing video surveillance on your premises to discourage theft or ensure the safety of your customers and personnel. However, your business may suffer significant legal implications if you do not adhere to legal requirements around filming or recording customers that enter your store.
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This article explains the legal requirements around the use of optical surveillance devices. Additionally, it considers the potential consequences of breaching customers’ privacy, as demonstrated by the 7-Eleven case.
Is it Legal to Record Customers Who Enter My Business?
There are certain situations where it is not illegal to collect the personal information of individuals. This includes collecting their images or identity information. Installing optical surveillance devices, such as CCTV, which collect videos or images of customers that enter your business is legal. However, if you elect to record customers through these devices, you must comply with certain laws.
Restrictions
The Privacy Act 1998 (‘Privacy Act’) applies to personal information and governs how businesses can handle their customers’ personal information. The Act will apply to a business if the business:
has an annual turnover of over $3 million;
provides a health service, or holds health information;
is a contractor for the Commonwealth government; or
trades in personal information (e.g. sells personal information to other parties).
Such businesses will be ‘APP entities’ that must comply with the provisions of the Privacy Act.
Suppose your business is covered under the law. Then any personal information that you collect through your surveillance devices must comply with the Australian Privacy Principles under the Act, which require you to:
inform customers that you may capture their images before recording takes place. For example, you may post clear signage at the entrance of and throughout your premises, and install cameras in clearly visible locations on your premises to ensure adequate notification to customers that they may be under surveillance;
ensure that any personal information recorded is stored securely, and either destroyed or de-identified when you no longer require the information. For example, you may delete CCTV footage of customers every month; and
only use or disclose the information recorded for the primary collection purpose, for example, to seek action against a person who committed theft on your premises (or for a secondary purpose if an exemption applies).
Lawrence Poletto, Principal of Poletto accounting is a Fellow of CPA Australia, holds a Bachelor of Commerce (JCU) and has over twenty years’ experience in Commercial and Public Practice.
With this experience, Lawrence can assist with all accounting and taxation needs to help clients start and grow their business. Lawrence deals with clients from all walks of life, working with diverse client base across a wide range of Industries. He builds strong trusted relationships and support clients in their times of need.
Lawrence can assist with all Tax and Accounting for small to medium business including assistance and guidance with setups, ongoing support including cloud-based accounting, budgeting, performance monitoring, support for loan applications and more.
Lawrence enjoys working with business owners who are seeking taxation, accounting, or business advice from a trusted professional. The more certainty he can provide his clients, the more they can focus on their business. Clients appreciate Lawrence’s professional and approachable manner.
At Poletto Accounting you will be one of only a limited group of equally important business clients and will always receive prompt, personal service.
We believe in Fixed price packages with easy payment option’s so you know exactly what you’ll be paying.
Contact Poletto Accounting to get a complimentary tax review, to see how we can help you and to get a second opinion on where you are with your business and taxes.
Business Tax
Poletto Accounting provides a full range of business accounting services for small to medium-sized businesses. We work collaboratively with business owners to meet your reporting requirements and regulatory payments and to help you achieve your financial and business goals.
We can assist through:
Income Tax Planning & Strategies
Preparation of all Business Income Tax Returns and associate Reporting
Goods & Services Tax (GST) review
BAS compilation and lodgement
Small business concessions calculations and advice
Liaising and negotiating with the Australian Taxation Office (ATO)
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Decide on the most suitable structure for your business – sole trader, partnership, trust or company
Prepare a business plan, cashflow projections, budgets, and trading forecasts
We take care of all your legally required registrations such as registering a business name and applying for an Australian Business Number and Tax File Number. You may also need to register for GST and PAYG withholding, workers compensation and more and we’ll let you know if these apply to you
Complete registration procedures with Australian Securities and Investments Commission
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Need help with your cloud accounting and Bookkeeping system? Not sure which program is best for your business? We can assist with all your cloud accounting needs, whether its Xero or other software.
Poletto Accounting is a Certified Xero Silver partner and can assist with:
Assistance with Cloud Software selection and implementation
Set-up and installation of XERO, MYOB, Quickbooks and other Accounting Packages
We can assist with recommending Bookkeeping Services that will suit your business
We also can work with your existing bookkeeper to ensure the most efficient and effective recording of your data and will improve the efficiency of the year-end compliance process
We can help give back time and resources you need to focus on growing and developing your business.
Secure File Transfer is a facility that allows the safe and secure exchange of confidential files or documents between you and us.
Email is very convenient in our business world, there is no doubting that. However email messages and attachments can be intercepted by third parties, putting your privacy and identity at risk if used to send confidential files or documents. Secure File Transfer eliminates this risk.
Login to Secure File Transfer, or contact us if you require a username and password.
Disclaimer
Every effort has been made to offer the most current, correct and clearly expressed information possible within this site. Nonetheless, inadvertent errors can occur and applicable laws, rules and regulations may change.
The information contained in this site is general and is not intended to serve as advice. No warranty is given in relation to the accuracy or reliability of any information. Users should not act or fail to act on the basis of information contained herein. Users are encouraged to contact Poletto Accounting or their own Advisor for Advice concerning a specific matter before making any decision.
Terms & Conditions
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Privacy Policy
Poletto Accounting is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at https://www.oaic.gov.au/.
What is Personal Information and why do we collect it?
Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect includes names, addresses, email addresses, phone and facsimile numbers.
This Personal Information is obtained in many ways including correspondence, by telephone and facsimile, by email, via our website www.polettoaccounting.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don't guarantee website links or policy of authorised third parties.
We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
For the primary purpose for which it was obtained
For a secondary purpose that is directly related to the primary purpose
With your consent; or where required or authorised by law.
Third Parties
Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.
Disclosure of Personal Information
Your Personal Information may be disclosed in a number of circumstances including the following:
Third parties where you consent to the use or disclosure; and
Where required or authorised by law.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.
Poletto Accounting will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.
In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.
Policy Updates
This Policy may change from time to time and is available on our website.
Privacy Policy Complaints and Enquiries
If you have any queries or complaints about our Privacy Policy please contact us at:
