Body Worn Camera Collection Notice

Privacy collection notice for recording conversations using a body worn camera

The National Heavy Vehicle Regulator (NHVR) values your privacy and is committed to protecting your personal information.

Personal information is information or an opinion, whether true or not, about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion.

Personal information collected by the NHVR will be collected, stored, used and disclosed in accordance the Information Privacy Act 2009 (QLD) and the NHVR's Privacy policy.

This page explains the personal information we collect when we record a conversation with a Body Worn Camera. Body Worn Cameras record both video and audio and record the geographic location of the recording.

The NHVR employs personnel who are appointed as authorised officers under the Heavy Vehicle National Law (HVNL). Authorised officers use Body Worn Cameras when carrying out functions under the HVNL.

Before making a recording with a Body Worn Camera, an authorised officer will seek your consent to make a recording. If you consent, a recording will be made; if you do not consent, the authorised officer will not record the conversation, unless the authorised officer considers, on reasonable grounds, that there is a real or genuinely perceived threat of harm to themselves or others.

If you do not consent to the authorised officer recording the conversation by Body Worn Camera, the authorised officer will still collect the personal information by asking questions and recording these in writing. An authorised officer can also request that you provide documentation required to be carried by a driver when operating a heavy vehicle.

What personal information do we collect?

When recording a conversation with a Body Worn Camera, the following personal information may be collected:

  • first and last name
  • voice and image
  • email address and telephone number
  • residential address
  • registration details of a heavy vehicle
  • opinions or personal views
  • images of documents provided to an authorised officer during the recording
  • images of a driver’s licence or other documents required to be carried by a driver when operating a heavy vehicle
  • location or forward journey plans.

Why do we collect personal information?

The NHVR only collects personal information in the course of performing its functions under the HVNL or other Acts (mentioned below) and only when it is necessary for, or related to, such purposes.

The NHVR’s functions are set out in section 659 of the HVNL and include:

  • providing administrative services for the operation of the HVNL
  • collecting fees, charges and other amounts payable under the HVNL
  • monitoring compliance with the HVNL
  • investigating contraventions or possible contraventions of the HVNL
  • bringing and conducting proceedings, and bringing, conducting, or defending appeals, for contraventions under the HVNL
  • conducting reviews of particular decisions made under the HVNL.

The NHVR and/or its authorised officers also undertake functions under jurisdiction specific laws, such as the Transport and Operations (Road Use Management) Act 1995 (Qld), the Road Transport Act 2013 (NSW), the Road Safety Act 1986 (Vic), and the Road Traffic Act 1961 (SA), along with applicable sub-ordinate legislation.

Personal information is collected for the purposes of those functions too (e.g., undertaking the functions of an ‘authorised officer’ under the Transport and Operations (Road Use Management) Act 1995 (Qld) or the Road Traffic Act 1961 (SA) or the Road Safety Act 1986 (Vic).

The NHVR’s use of Body Worn Cameras acts as a control against safety risks arising to our staff on-roads from third parties within whom our staff interact as part of performing the NHVR’s lawful functions. In the event of any aggressive, unlawful, or offensive conduct perpetrated against or towards our staff, the NHVR collects personal information via Body Worn Cameras for the purposes of improving its safe system of work for staff and for providing such information to the responsible authorities (e.g., police agencies) for action.

If the NHVR does not collect personal information via Body Worn Cameras, its ability to undertake the above functions is prejudiced (in the sense that footage (audio and visual) is not available) and the safety of on-roads staff may be negatively affected.

The NHVR’s use of Body Worn Cameras acts as a control against safety risks arising to our staff on-roads from third parties within whom our staff interact as part of performing the NHVR’s lawful functions. In the event of any aggressive, unlawful, or offensive conduct perpetrated against or towards our staff, the NHVR collects personal information via Body Worn Cameras for the purposes of improving its safe system of work for staff and for providing such information to the responsible authorities (e.g., police agencies) for action.

If the NHVR does not collect personal information via Body Worn Cameras, its ability to undertake the above functions is prejudiced (in the sense that footage (audio and visual) is not available) and the safety of on-roads staff may be negatively affected.

How do we use and disclose your personal information?

The NHVR will only use personal information for the purpose for which it was collected and for purposes which are related to the NHVR’s functions under the HVNL or another law. Your contact details may also be used by the NHVR (or a contracted third party) to email you NHVR surveys or bulletins.

The NHVR will not share personal information about you with third parties including other government agencies, organisations or anyone else unless one of the following applies:

  • it is to an entity for a use identified in section 727 of the HVNL
    or
  • you have consented to its disclosure
    or
  • you would reasonably expect information of that kind is usually passed to those individuals, bodies or agencies
    or
  • it is reasonably necessary for enforcement related activities conducted by, or on behalf of, an enforcement body (e.g., police). An enforcement agency may disclose information we disclose to it to another enforcement agency
    or
  • it is for the preparation, or conduct, of proceedings before a court or tribunal, or implementation of the orders of a court or tribunal
  • it is reasonably necessary to prevent a serious threat to the life, health, safety or welfare of an individual, or to public health, safety or welfare
  • it is for research or survey purposes
    or
  • it is otherwise required or authorised by law.

Do you have to provide your personal information?

You do not have to consent to the collection of personal information through the use of Body Worn Cameras.

How do store we your personal information

When a Body Worn Camera recording is made, it must be stored in accordance with the relevant NHVR policy relating to Body Worn Cameras.

We take steps to protect the security of the personal information we hold from both internal and external threats by implementing the appropriate advice of the Australian Signals Directorate’s (ASD) Information Security Manual and the Australian Government’s Protective Security Policy Framework. Additionally, the NHVR is implementing the controls listed in the ISO27001, the International Standard for Information Security.

NHVR data is stored on-premises and in ASD certified cloud services.

How to access and update your personal information?

You may request access to your personal information that we hold. You may also ask us to correct your personal information if you believe that it is not accurate, up-to-date or complete.

If you wish to exercise these rights, please forward your request by email to privacyrti@nhvr.gov.au or by mail to:

Privacy Officer
NHVR
PO Box 492
Fortitude Valley QLD 4006.

To protect your privacy and the privacy of others, we will need you to provide evidence of your identity before we can grant you access to view or change your information.

Complaints

If you believe the NHVR has not dealt with your personal information in accordance with the Information Privacy Act 2009 or this policy, you may lodge an information privacy complaint. You will need to provide:

  • details of your complaint in writing
  • a postal or email address for receipt of correspondence
  • certified proof of your identification (such as a certified copy of your driver’s licence).

Privacy complaints need to be marked private and confidential and forwarded to privacyrti@nhvr.gov.au or mailed to:

Privacy Officer
NHVR
PO Box 492
Fortitude Valley QLD 4006.

Office of the Information Commissioner Queensland

If you believe the NHVR has not addressed your concern in a satisfactory manner, you may contact the Office of the Information Commissioner Queensland.

Email: administration@oic.qld.gov.au
Telephone: (07) 3234 7373 or 1800 642 753
Address: PO Box 10143, Adelaide St, Brisbane QLD 4000.