Commercial privacy

Privacy awareness and an understanding of laws in your area is important to determine the potential that drone use might breach state and territory laws relating to privacy, trespass, harassment, intimidation, nuisance and endangering safety.

Such laws can differ between states and territories and may not specifically mention drones. Operators should seek specific legal advice or contact relevant state or territory bodies if they have any concerns or questions about proposed activities. The table below provides a summary of most applicable laws.

Privacy guidance

Privacy guidelines have been drafted in consultation with states and territories, industry and other stakeholders, to support a shared understanding of how drone operations intersect with relevant privacy provisions.

Public consultation is now open for the drafted Don't pry when you fly: Privacy considerations for drone use guidelines until 11 August 2023. Feedback can be provided via the department’s Have Your Say page or by emailing drones@infrastructure.gov.au.

Drone operators should follow the Australian Privacy Principles. General information for individuals and organisations can be found at the Office of the Australian Information Commissioner.

Summary of state and territory laws that may relate to privacy

Jurisdiction	Relevant legislation
Commonwealth	Privacy Act 1988
New South Wales	Biosecurity Act 2015 (NSW) Caravan Parks Act 2012 (NSW) Crimes Act 1900 (NSW) Domestic and Personal Violence Act 2007 (NSW) Health Records and Information Privacy Act 2002 (NSW) Information Act 2002 (NSW) Privacy and Personal Information Protection Act 1998 (NSW) Privacy Code of Practice (General) 2003 (NSW) Residential Tenancies Act 1999 (NSW) Summary Offences Act 1923 (NSW) Surveillance Devices Act 2007 (NSW) Workplace Surveillance Act 2005 (NSW)
Victoria	Privacy and Data Protection Act 2014 (VIC)
Queensland	Criminal Code (QLD) Human Rights Act 2019 (QLD) Information Privacy Act 2009 (QLD) Invasion of Privacy Act 1971 (QLD) Offences Act 2005 (QLD)
South Australia	Summary Offences Act 1953 Surveillance and Listening Devices Act 1972 Surveillance Devices Act 2016
Western Australia	Animal Welfare and Trespass Legislation Amendment Bill 2021 (WA) Surveillance Devices Act 1998 (WA) The Criminal Code (WA)
Tasmania	Listening Devices Act 1991 (TAS) Personal Information Protection Act 2004 (TAS) Police Powers (Controlled Operations) Act 2006 (TAS) Police Powers (Surveillance Devices) Act 2008 (TAS) Right to Information Act 2009 (TAS) Telecommunications (Interception) Tasmania Act 1999 (TAS)
Northern Territory	Caravan Parks Act 2012 (NT) Criminal Code Act 1993 (NT) Domestic and Family Violence Act 2007 (NT) Information Act 2002 (NT) Personal Violence Restraining Orders Act 2016 (NT) Residential Tenancies Act 1999 (NT) Summary Offences Act 1923 (NT) Surveillance Devices Act 2007 (NT) Trespass Act 1987 (NT)
Australian Capital Territory	Civil Law (Wrongs) Act 2002 Crimes (Surveillance Devices) Act 2010 (ACT) Crimes Act 1900 Freedom of Information Act 2016 (ACT) Human Rights Act 2004 (ACT) Information Privacy Act 2014 (ACT) Listening Devices Act 1992 (ACT) Territory Records Act 2002 (ACT)