# Ola: Camera surveillance policy



## Jack Malarkey (Jan 11, 2016)

Advice from Ola (Friday 7 May 2021):






Camera Surveillance Policy - Ola Cabs







ola.com.au





*Camera Surveillance Policy
Purpose*
The purpose of this policy is to outline the requirements for a camera surveillance unit (CSU) used for the commercial transport of passengers in Australia and New Zealand including rideshare transport.

The requirements differ on a state-by-state basis as set out below. In general, it is not compulsory for a camera surveillance unit to be installed in vehicles used only for on-demand transport i.e. non-rank and hail transport (non-taxis).

However, if drivers choose to install one in their vehicle, they must comply with the necessary security and privacy safeguards which apply to taxis with respect to such devices.

*NSW*
A security camera is not required to provide Ola on demand booked services. Passengers are not to be recorded by video or audio without their permission.

If a security camera system is used, then under Reg 18 Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017, the security camera system must be approved and drivers or vehicle owners must comply with the specifications set out by Transport for NSW:


Taxi Security System Specifications
Safeguards for the Use of Security Camera Systems
Further information is available from the Point to Point Transport Commissioner’s website here.

*VIC*
Rideshare vehicles, being commercial passenger vehicles supplying booked services where both driver and rider identities are known, are not permitted to install security cameras. However, if a vehicle owner wants to install a dash cam into their vehicle, they must ensure:


to install a forward-facing camera
to read about their legal obligations here
any security cameras installed in a rideshare vehicle must comply with CPV security camera specifications, which set out minimum standards for operation, data security and quality of images
that the privacy of passengers and drivers is paramount. Images of passengers are not to be viewed or kept
audio recordings of passengers is not permitted unless they have provided their consent or they are a party to the conversations. This includes recordings from all devices including mobile phones. Sample stickers for display to inform passengers may be obtained from the CPVV website:
You are being filmed – internal PDF, 32.7 KB
Security camera operating – external PDF, 36.9 KB

The only purpose of the security cameras is for safety and investigative purposes only.
For more information on privacy requirements and a list of approved security camera systems, please see here.

*WA*
Rideshare vehicles, being on-demand charter (OD-C) vehicles, are not required to have security cameras operating in their vehicles WA. However there is strict regulation surrounding the use of security cameras in which drivers must comply with if they wish to do so as per Div 2 Transport (Road Passenger Services) Regulations 2020.

The following requirements required to be adhered to include:


A clearly visible sign notifying passengers that they are being recorded must be placed inside the front of the vehicle
Recordings can only be used for authorised purposes as defined in the regulations; and
Copies of recordings must be provided to Police or Authorised Officers such as DoT Education and Compliance Officers when required
Drivers should familiarise themselves with the Camera Surveillance Units Standards 2020 to ensure they meet the requirements. Drivers must also ensure their CSU complies with these standards.

Drivers must ensure that recording of passengers in their vehicles are not shared with anyone other than by request of the Police, the Regulator or Ola if requested. All storage of recordings should be kept for a minimum of 288 hours. A helpful checklist can be found here to help drivers ensure they are meeting the standards.

*QLD*
Part 9 Transport Operations (Passenger Transport) Regulation 2018

Approved security cameras are only mandatory in all taxi, limousine and ride-booking vehicles within relevant areas where the service meets any of the following risks:


driver or passenger is anonymous (for example rank and hail work)
cash transactions
point of payment is made in person before, during or after the journey.
This means that drivers on the Ola platform are not required to install a security camera. However, if drivers choose to do so, they must satisfy the following obligations when installing a security camera system:


Install one of the approved security camera systems.
Display the approved sign on all entry points to your vehicle, and have the sign clearly visible inside your vehicle.
Comply with all legislative privacy protections relating to the download, use, disclosure and disposal of camera recordings (Part 9, Transport Operations (Passenger Transport) Regulation 2018).
Externally focused forward or rear facing cameras are allowed in all personalised transport vehicles, however, these cameras must not record images or audio of persons inside the vehicle. Camera specifications and the download of images from these cameras are not regulated by the Department of Transport and Main Roads (TMR).

Only approved security cameras in a personalised transport vehicle may face inwards – recording the driver or passengers – while a personalised transport service is being provided.

*SA*
Division 6 Passenger Transport Regulations 2009

Where a vehicle has equipment fitted for the purpose of a passenger transport service (e.g. surveillance camera) an authorised installer will need to complete a Certificate of Compliance to certify that the equipment is correctly and safely installed. The owner must ensure that all requirements under the legislation are also complied with.

*NT*
Para 8 Ridesharing In-Service Maintenance Standards

While operating as a rideshare vehicle, no video or audio recording devices capable of recording passengers are permitted unless it is a Department approved in-car security camera system. Dash cams are not authorised to be used in ridesharing vehicles when operating as a transport provider. For more information on security camera systems refer to Information Bulletin CPV28 – Security Cameras in Taxis and Minibuses.

*TAS*
Section 94 Taxi and Hire Vehicle Industries Act 2008

Approved security cameras are not required in ridesourcing vehicles. However, if a vehicle owner wants to install a security camera in their vehicle, they must ensure that they install only approved security camera systems or those that meet security camera systems standards.

*Further information*
If you have any questions or comments regarding anything in this document or if you require further information, you can email us at [email protected]


----------



## Jack Malarkey (Jan 11, 2016)

The Ola document refers to all jurisdictions in Australia except the ACT.

Here are the answers that the regulatory agency Access Canberra provided to my emailed questions about dash cams in rideshare vehicles in the ACT:

(*1) Is it legal for rideshare drivers in the ACT to have cameras in their car that record video and audio (or either of these) for what's happening in the car?*

It is not a legal requirement for rideshare vehicles to have security cameras in their vehicle. However, there is a provision in the _Road Transport (Public Passenger Services) Regulation 2002_ (the regulation) for the Road Transport Authority (the Authority) to approve standards for security devices in rideshare vehicles, but there are currently no standards.

(*2) Does the driver need to have relevant signage?*

As stated there are no standards, but from a privacy and legal perspective, providing notices in the car and on booking would be required. The individual by then continuing with the booking would have consented and be aware that they were under video surveillance. Also signage would need to be clear about whether the device was recording audio or not.

*(3) Are there legal limitations on the uses to which the video and audio can be put?*

Yes. It is an offence under the regulation for anyone to interfere with a security device, so if any footage was downloaded without the appropriate authorisation and ended up in the public domain, the individual concerned would potentially have recourse under actions for damage to their reputation or actions based on other harm incurred.

(*4) Does the driver need to advise the ACT Government of the details of the security system they are using?*

Yes, Part 1.1 of the Service Standards for Rideshare Services states that a rideshare licence holder must:

· provide the Authority full details of all security devices that they have installed or arranged to be installed in a rideshare vehicle, such as security cameras, GPS tracking devices or other equipment used to monitor safety;

· for security devices, ensure that there is the ability to capture data from the security device and access that data as required for regulation purposes;

· where a third-party (other than an affiliated transport booking service) is used, provide the Authority with the third-party provider's contact details; and

· ensure that known defects with security devices and other equipment used to monitor safety are repaired promptly.


----------



## Jack Malarkey (Jan 11, 2016)

TheDoc said:


> A qn about Vic:
> 
> What is the camera is aimed at the driver only?
> Think of it like this - the vehicle is commercial passenger and you are supplying 4 (or 6) seats for public commercial use.
> ...


I had better leave this one to others, particularly as I’m not familiar with the regulatory authority’s approach in Victoria.


----------

