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Data Surveillance Devices

A data surveillance device includes a program or device capable of being used to access, track, monitor or record the input of information into, or output of information from, a computer.

It is an offence to knowingly install, use or maintain a data surveillance device to access, track, record or monitor the input of information into, or the output of information from, a computer without the consent of the owner, or person with lawful control of the computer.

Maximum penalty: $15 000 or 3 years imprisonment (in the case of a natural person) or $75 000 ( in the case of a body corporate).

It is not an offence to install, use or maintain a data surveillance device if authorised under the Surveillance Devices Act 2016 (SA) or any other Act, or a law of the Commonwealth.

Privacy (South Australian Government)  :  Last Revised: Thu Jan 5th 2017
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