AI pool cameras: A safety tool or illegal spy?

Liverpool City Council's use of AI-powered computer vision cameras at its swimming pools may breach the Surveillance Devices Act 2007 (NSW), according to Avinash Singh, principal lawyer at Astor Legal. The council introduced the technology to alert lifeguards to swimmers in distress, but Singh argues that signage does not constitute consent under Section 9 of the Act, which criminalizes tracking without consent. The maximum penalty for a corporation is a fine of $55,000, while individuals face up to $11,000 in fines and five years' imprisonment.

AI pool cameras: A safety tool or illegal spy? A Sydney council risks breaching NSW surveillance laws after it introduced artificial intelligence-powered computer vision at swimming pools, calling it an “eye”, to assist lifeguards. That’s the view of a Sydney criminal lawyer, who has previously expressed similar concerns about the use of Meta smart glasses https://www.theaustralian.com.au/nation/smart-glass-users-face-criminal-penalties-for-filming-people-top-lawyers-warn/news-story/c124513af62c705052d44cd4a6b9e67d and the potential to record people covertly without their consent. Liverpool City Council has adopted the technology that uses cameras and AI to “monitor swimmers in real time” and alert lifeguards if it detects someone is in distress. City of Newcastle also ran a similar trial last year to help monitor “the 50m, learners’ and toddlers’ pools”, partnering with Lynxight AI. Surf lifesavers at South Australian beaches are also using emerging video technology that incorporates AI https://www.theaustralian.com.au/business/technology/surf-lifesaving-among-other-industries-using-ai-cameras-to-help-save-lives/news-story/bded109d13c216f0b49a74c683fbe5ed to help monitor swimmers. Liverpool Mayor Ned Mannoun said the city was the “most multicultural” in Australia and many of its citizens had come from countries where learning to swim isn’t available during childhood. “Drowning can happen in seconds, so having technology that can alert our lifeguards to a potential problem gives them another tool when every second counts,” Mannoun said. “This is creating an extra layer of safety and reassurance in what unfortunately can sometimes be a dangerous environment. Safety is our prime concern at all our swimming centres.” Legal warning But Avinash Singh, principal lawyer at Sydney law firm Astor Legal – which has an office in Liverpool – said the use of such technology risked breaking the law. Singh has also expressed similar legal concerns about the use of Meta’s AI glasses https://www.theaustralian.com.au/news/latest-news/australias-privacy-tsar-warns-new-laws-may-be-needed-for-smart-glasses/news-story/c87c95ea302dc699a94f0196f07a26fd “Liverpool Council’s plans to use cameras and AI to monitor swimmers in real time and alert lifeguards may be well-meaning. However, it may also be in breach of the Surveillance Devices Act 2007 NSW ,” Singh said. “Under Section 9 of the Act, it is a criminal offence to knowingly install, use or maintain a tracking device without the express or implied consent of the person being tracked. The use of this type of technology would, on the face of it, be a breach of this Section unless the Council were to obtain the consent of each person who attended the pool.” A council spokesman said consent was obtained via signage, saying the pool facilities already had 24-hour security surveillance. But Singh said signage did not constitute consent. “The facility must alert the patrons to the presence of the technology and explain it to them so they understand it. “A sign that the complex is ‘under surveillance’ would not satisfy the requirement of consent under Section 9 of the Act. This is because the use of the AI technology to track persons inside the complex is quite different to merely being recorded on CCTV. “The behaviour that Section 9 of the Act criminalises is the tracking of people, not the mere recording of them. The leisure centre would at the very least be required to inform people that they are being tracked and explain how the AI technology is tracking them. The leisure centre cannot assert that patrons have consented to tracking, as they have not even been informed of this.” The maximum penalty for this offence is a fine of $55,000 for a corporation. For an individual, the maximum penalty is a fine of $11,000 and potentially five years’ imprisonment. But earlier this year Bunnings scored a victory https://www.theaustralian.com.au/business/legal-affairs/bunnings-wins-facial-recognition-technology-fight-tribunal-finds-tech-used-to-combat-serious-and-repeat-retail-crime/news-story/f5614c1952e9c45ecbbf0624ce094f6c over its use of AI facial recognition technology – which recorded every customer entering its stores to combat retail crime – after the Administrative Review Tribunal overturned Privacy Commissioner Carly Kind’s prior ruling that the hardware titan had breached Australian’s privacy. When Newcastle launched its trial last November, it attempted to allay such privacy concerns, saying its system did not record high-definition video and focused on movement detection instead. “It does not identify individual swimmers or capture any identifiable personal data,” City of Newcastle said. Liverpool City Council has launched its AI camera system at Whitlam Leisure Centre, which Belgravia Leisure operates. The council also plans to roll out the technology at Michael Wendon Aquatic Leisure Centre also managed by Belgravia Leisure , Holsworthy and the new aquatic centre planned for Carnes Hill. The council said the technology could be used in pools of different shapes rather than being limited to conventional square or rectangular pools. It comes as Royal Life Saving Australia’s latest national drowning report revealed 357 people drowned in the past year at pools, beaches and other waterways – a 27% jump on the 10-year average. Of these drownings, 129 were in NSW, representing a 30% increase. Investment in safety Belgravia Leisure Area Manager NSW Rob Tomasums said the project was an important investment in community safety. “Whitlam Leisure Centre plays an important role in supporting health, well-being and water safety across Liverpool,” he said. “We are proud to have introduced this technology as it gives our team another layer of support and reinforces our commitment to creating safe, welcoming and confidence-building aquatic experiences for everyone who visits.” This article first appeared in The Australian as Sydney council’s new AI pool cameras risk breaching state surveillance laws . Related Topics UNLOCK INSIGHTS Discover the untold stories of emerging ASX stocks. Daily news and expert analysis, it's free to subscribe. By proceeding, you confirm you understand that we handle personal information in accordance with our Privacy Policy https://stockhead.com.au/privacy-policy/ .