Residential security cameras and audio: creepy or acceptable?

I somewhat agree with most things Grok has said below.

Regarding an audio use-case, our sports club got broken into a few weeks back. The Google Nest camera provided video and audio footage of the incident. The audio footage captured the names of the perps.

This was given to authorities, and all were identified within 24 hours of the incident.

Audio works and is valuable. But I agree its a fine line regarding people feeling violated.

Unfortunately, expectation of privacy is only going to diminish over time. If you disagree, you only need to look back 30 years when you could go to parties without fear of being filmed or photos taken without your knowledge. If we had thrust this modern digital age on ourselves back then, we all would have cried bloody nanny state with massive overreach!

I personally have CCTV signage on some of my properties, and it doesn't say audio from memory - but it should.

====================

In New Zealand, the use of security cameras such as the Google Nest Camera for residential purposes, particularly with respect to audio recording, is governed by privacy laws, primarily the Privacy Act 2020, and other relevant legislation such as the Crimes Act 1961. The Office of the Privacy Commissioner provides guidance on the use of CCTV and security cameras, emphasizing the importance of respecting individuals’ privacy. Below is a detailed explanation of the legal considerations for audio recording with residential security cameras in New Zealand, based on applicable laws and guidance.

Key Legal Considerations for Audio Recording

Privacy Act 2020:
- The Privacy Act 2020 regulates the collection, storage, use, and disclosure of personal information, which includes audio recordings that capture identifiable individuals or their conversations.
- Under the Act, personal information (such as audio footage) can only be collected if it is necessary for a lawful purpose connected to the function or activity of the person or entity collecting it (e.g., home security). The Office of the Privacy Commissioner advises that audio recording is considered more invasive than video recording and should only be used if absolutely necessary. If audio recording is not essential for the security purpose, it should be disabled to minimize privacy intrusion.
- Principles to Follow:
  - Transparency: Individuals should be informed that audio recording is taking place, for example, through visible signage indicating that the area is under surveillance with audio.
  - Minimization: Collect the least amount of personal information necessary. For instance, audio should not be recorded if video alone is sufficient for security purposes.
  - Storage and Security: Any recorded audio must be securely stored, protected from unauthorized access, and retained only for as long as necessary (e.g., typically no longer than 30 days unless required for a specific investigation).
  - Access and Sharing: Audio recordings should not be shared unless there is a lawful reason, such as providing evidence to the police, and only with the consent of those recorded or under legal authority.
Crimes Act 1961:
- Section 216B of the Crimes Act 1961 prohibits the interception of private communications by means of an interception device (e.g., a security camera with a microphone) without the consent of at least one party to the conversation. This means that if a security camera records a private conversation in which none of the participants are aware of or have consented to the recording, it may be illegal.
- Exception: If the person recording the audio is a party to the conversation (e.g., speaking through the camera’s two-way audio feature), the recording is generally lawful under this section, as one participant (the recorder) is aware of the recording.
- Practical Implication: For a Google Nest Camera installed at a residential property, audio recording in areas where private conversations occur (e.g., a shared driveway or garden) could breach this law if individuals are unaware of the recording. To comply, residents should either disable audio recording or ensure that individuals are informed (e.g., via signage or verbal notification).
Expectation of Privacy:
- New Zealand law recognizes a “reasonable expectation of privacy” in certain contexts. Audio recordings in areas where individuals expect privacy (e.g., inside a neighbor’s home, a backyard surrounded by high fences, or other private spaces) are more likely to be considered invasive and potentially unlawful.
- The Office of the Privacy Commissioner advises against positioning cameras to capture areas where privacy is reasonably expected, such as neighbors’ properties or private spaces. If a camera inadvertently captures such areas, audio recording should be disabled to avoid legal risks.
Summary Offences Act 1981:
- Section 30 of the Summary Offences Act 1981 makes it an offense to peer into or record activity within a private dwelling without consent. If a security camera’s audio recording captures conversations or activities inside a neighbor’s home, this could potentially violate this provision.

Specific Considerations for Google Nest Cameras

Google Nest Cameras, such as the Nest Cam (Indoor, Wired) or Nest Cam (Outdoor or Indoor, Battery), often include microphones for two-way audio and audio recording capabilities. The following considerations apply:

Audio Recording Settings: Google Nest Cameras allow users to enable or disable audio recording through the Google Home app. To comply with New Zealand law, residents should consider disabling audio recording unless it is strictly necessary for security purposes. For example, video recording alone is often sufficient to monitor for intruders or suspicious activity.
Two-Way Audio: The two-way audio feature (e.g., speaking through the camera to a visitor) is generally lawful if the person using the camera is a participant in the conversation, as this satisfies the requirement under the Crimes Act 1961 that at least one party consents to the recording.
Signage and Notification: To ensure compliance with the Privacy Act and Crimes Act, residents should place clear, visible signs indicating that audio and video recording is occurring. For example, a sign stating “CCTV in Operation: Audio and Video Recording” at the property entrance can help inform visitors and neighbors. Google Nest provides stickers for this purpose, which may suffice if placed conspicuously.
Neighboring Properties: If a Google Nest Camera’s field of view includes a neighbor’s property (e.g., their backyard or windows), audio recording should be avoided to prevent capturing private conversations or activities. The Office of the Privacy Commissioner recommends adjusting the camera’s angle or using features like Activity Zones to exclude neighbors’ properties.
Nest Aware Subscription: Some Nest features, such as continuous recording or Familiar Face alerts, require a Nest Aware subscription. If audio is recorded and stored in the cloud, users must ensure compliance with the Privacy Act’s storage and security requirements. Google states that video and audio are encrypted in transit and at rest, which helps meet these requirements, but users should still limit retention periods.

Practical Recommendations for Compliance

To use a Google Nest Camera or similar device legally in a residential setting in New Zealand, consider the following steps:

Conduct a Privacy Impact Assessment:
- Before installing the camera, assess the purpose of audio recording, whether it is necessary, and how it will impact others’ privacy. The Office of the Privacy Commissioner provides templates for this process.
Disable Audio Recording if Unnecessary:
- Given the invasive nature of audio recording, disable the microphone in the Google Home app unless audio is essential (e.g., for two-way communication with visitors). This reduces the risk of breaching privacy laws.
Inform Others:
- Use signage to notify people that audio and video recording is occurring. For shared spaces (e.g., a communal driveway), inform neighbors in advance and discuss any concerns.
Position Cameras Thoughtfully:
- Avoid pointing cameras at areas where privacy is expected, such as neighbors’ homes, backyards, or windows. Use the camera’s hinge or wedge to adjust its field of view, and configure Activity Zones to exclude private areas.
Limit Data Retention:
- Store audio recordings only for as long as necessary (e.g., 30 days or less, unless required for an investigation). Regularly delete old footage to comply with the Privacy Act’s data minimization principle.
Secure Footage:
- Ensure that recordings are stored securely, whether on the device, a local microSD card (if applicable), or in the cloud. Google Nest Cameras use 128-bit AES encryption, which meets security standards, but users should also enable two-factor authentication on their Google account.
Consult Neighbors:
- If the camera covers shared or adjacent spaces, discuss its use with neighbors to avoid disputes. This is particularly important for audio recording, as it may capture their conversations in shared areas.

Ethical and Social Considerations

Beyond legal requirements, the Office of the Privacy Commissioner emphasizes the importance of being a good neighbor. Recording audio in shared residential spaces, such as a communal carpark or garden, can be perceived as invasive, even if technically legal. For example, a discussion on Geekzone highlighted that some residents find audio recording in shared spaces “creepy” and prefer video-only surveillance. To maintain good relations, consider disabling audio recording and focusing on video, which is less likely to raise privacy concerns.

Potential Consequences of Non-Compliance

Privacy Complaints: Individuals who believe their privacy has been violated can complain to the Office of the Privacy Commissioner, which may investigate and require changes to the camera’s use.
Legal Action: Breaching the Crimes Act 1961 (e.g., intercepting private communications without consent) can result in criminal penalties, including fines or imprisonment. Civil action for invasion of privacy is also possible if recordings are misused.
Neighbor Disputes: Recording audio without informing others can lead to disputes or complaints to local authorities, such as the police or a residents’ association.

Conclusion

In New Zealand, recording audio with a residential security camera like the Google Nest Camera is subject to strict privacy laws under the Privacy Act 2020 and Crimes Act 1961. Audio recording is considered highly invasive and should be avoided unless absolutely necessary for security purposes. To comply with the law, residents should disable audio recording where possible, use signage to inform others, position cameras to avoid private areas, and limit data retention. Engaging with neighbors and conducting a Privacy Impact Assessment can further ensure that the use of such cameras is both legal and respectful of others’ privacy. For specific guidance, consult the Office of the Privacy Commissioner’s resources or seek legal advice tailored to your circumstances.

Lias

Tradepub

mdooher

gmball

alavaliant

jjnz1

johno1234

Bung

cruxis