Section 60 of the Workers Compensation Act 1987 (NSW) states that: If, as a result of an injury received by...Read More
– Filming someone without their consent is so easy nowadays. Just grab your mobile phone, head outside, and start rolling. Some people assume that due to privacy laws, being filmed without explicit permission or consent is illegal, and while this is partly true, it’s not that simple.
– Filming on public property for personal use is generally legal provided that observing one’s privacy is not the expectation. For example, to film in a bedroom, bathroom or changing room is of course illegal. However, if the person taking the video is outside on public property, such as in the street or in a park, it’s usually legal for them to film to their heart’s content, provided it isn’t for commercial means. Commercial filming requires its own special permissions.
– Investigators must abide by certain rules when conducting covert surveillance. They cannot breach a person’s privacy or trespass onto private property to film. If they are on public property however, it’s within the law to do so, and a claimant might be filmed on their daily commute, at the supermarket, at the gym – or even in their front garden, if it’s not somewhere they could reasonably expect privacy.
– Covert surveillance is sometimes used by insurance companies to test the truthfulness of a person’s claim. For example, an insurance company may raise issues in relation to a claimant’s credibility if the person was filmed participating in strenuous activities after alleging their injuries made physical movement difficult.
– The insurance company can then raise any inconsistencies in the evidence to allege that the claimant is being dishonest or exaggerating their injuries. If established, this can have a negative effect on their entire claim. If a claimant has been honest, however, surveillance should not harm their claim.
– Insurance companies can be incredibly thorough when investigating compensation claims, and they may use video evidence as part of this investigation. While surveillance is not undertaken in every claim, it is something that claimants should be aware of as a possibility.
– Of course, a claimant doesn’t need to worry about being filmed if they have nothing to hide – and surveillance that confirms the extent of their restrictions may actually help their claim.
– If you are concerned about ant part of making a personal injury claim, our experienced lawyers can help navigate and advise you through all aspects of the claim process. Don’t hesitate to contact us or inquire online now!