A private conversation or activity is one where at least one party would not reasonably want or expect to be overheard or observed by anyone aside from those present [Surveillance Devices Act 2016 (SA) s 3].

Activities which occur in a public place, or in a location or vehicle which can reasonably be observed from a public place, are not considered private for the purposes of the Act.

Conversations, however, that occur in a public place could potentially still be considered private for the purposes of the Act.It depends on whether the parties could reasonably expect the conversation to be overheard by someone else. This may, in turn, depend on factors such as the volume of their speech and whether there is anyone else within earshot.