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BREACHING PRIVACY LAWS | Know The Law Before You Hit Record

BREACHING PRIVACY LAWS | Know The Law Before You Hit Record

In today’s digital world where moments are frequently documented, the topic of individuals' privacy rights is often discussed. What constitutes a breach of privacy, and how does Queensland law protect privacy rights?

Understanding Breach of Privacy Laws

Section 227A of the Criminal Code aims to prevent unauthorised surveillance and invasive recordings, highlighting the importance of protecting privacy rights in today's society.

Elements of the Offence

For a charge under Section 227A to apply, specific conditions must be met:

  • The accused must have observed or recorded another person without their consent;

  • Lack of explicit consent from the individual being observed or recorded is crucial; and

  • The individual must have a reasonable expectation of privacy in the circumstances.

Additionally, Section 227A(2) delineates a separate offense concerning observations or recordings of a person's genital region without consent, reflecting the law’s stringent stance on privacy violations.

Legal Consequences and Penalties

A breach of Section 227A carries the weight of a misdemeanour criminal offence, potentially resulting in imprisonment for up to three years. The severity of penalties varies based on factors such as the extent of privacy invasion and the intentions of the accused.

Exploring Legal Defences

If charged with this offence, certain defences may apply. These can include:

  • Demonstrating lack of intent or accidental filming;

  • Establishing valid consent from the subject; or

  • Asserting that observations or recordings occurred in public spaces with lower privacy expectations.

What To Do if You’ve Been Charged

If facing similar charges, seeking experienced legal advice is crucial. Expert guidance can greatly improve your chances of achieving a favourable outcome.

Contact Creevey Horrell Criminal Lawyers

Based in Brisbane, Roma, Toowoomba, and Townsville. Visit to contact us today.


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