Can Uber Drivers record passengers in Australia?

Uber Driver Dashcams and Passenger Privacy in Australia

In Australia, Uber drivers are permitted to use dashcams to record their journeys, but specific guidelines and privacy laws must be adhered to. These regulations vary across different states and territories.

State Privacy Laws

Each Australian state and territory has its own privacy laws that govern the use of surveillance devices, including dashcams. These laws generally require that individuals be made aware of the recording and provide consent before they are recorded.

Recommendations for Uber Drivers

To ensure compliance with privacy laws, Uber drivers are advised to take the following steps:

• Display a Clear Disclaimer: Place a visible disclaimer in the vehicle informing passengers that they are being recorded. This disclaimer should be written in clear and concise language and should include the following information:

  • The purpose of the recording (e.g., safety, security, or insurance purposes)
  • The storage and retention period of the footage
  • The driver’s contact information for any inquiries

• Obtain Passenger Consent: While not explicitly required by law in all states, it is highly recommended that drivers obtain verbal consent from passengers before starting the recording. This can be done by politely informing the passenger of the recording and asking if they have any objections.

• Respect Passenger Privacy: Drivers should avoid recording passengers in situations where they may be engaging in private conversations or activities. They should also be mindful of the angle of the camera to minimize capturing identifying information.

• Follow Uber’s Guidelines: Uber has its own guidelines for dashcam use by its drivers. These guidelines generally align with state privacy laws but may provide additional guidance. Drivers should familiarize themselves with these guidelines and ensure they are followed.

Penalties for Non-Compliance

If an Uber driver violates privacy laws by recording passengers without their consent or failing to display a disclaimer, they may face penalties such as fines, loss of their Uber license, or even criminal charges.

By following these guidelines and state privacy laws, Uber drivers can ensure that they protect the privacy of their passengers while also maintaining a record of their journeys for safety and security purposes.