Is Insurance Surveillance Legal?

Insurance and compensation claim surveillance

, WorkCover may decide to conduct covert surveillance of your activities to determine whether you are physically limited to the extent that you claim. This may involve a private investigator using a video camera or still camera to capture images of you while you are going about your daily activities.


This type of investigation is legal, however, there are limits on what private investigators can film.


Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR  check if you can claim

What are Private Investigators allowed to do?


Although private investigators are licensed under the Security Providers Act, they do not have any rights beyond those of an ordinary citizen and they are bound by all state and Commonwealth laws.


Private investigators
legally:

  • force entry to a premises
  • trespass on your property
  • seize your property
  • bug your phone;
  • access confidential government-held information;
  • use a listening device to overhear, record or monitor a private conversation that they are not a party to;
  • take video or photographs of you in a private place or doing a private act  in circumstances where you would reasonably expect privacy.

What can a private investigator record me doing?


A private investigator can take photos or videos of you and your home unless:

  • they trespass on your land in order to do so; or
  • they are recording “private activities”.


“Private activities” include things like undressing, using the bathroom, showering or bathing or intimate situations where you would reasonably expect privacy.

A private investigator may legally take video of you going about your daily life inside or outside of your own home or at another private property. They may also follow you when you leave your house and film you in public places.

Private investigators will often follow a claimant to their medical appointments to confirm their identity, so be especially aware in these situations.

What should you do if you are under surveillance?


If a private investigator obtains video footage of you doing things that you have told doctors that you cannot do, or that doctors have told you not to do, you may appear to be exaggerating your injuries and your claim for damages may be at risk.


It is therefore important that you be aware of the possibility that you will be filmed and take care at all times when you are out in public or performing activities around your home. Do not do anything your doctors have told you not to do or anything that your insurer could use to minimise your injuries.

What can you do if you are being harassed by a private investigator?


If you feel that a private investigator is acting unethically and is not abiding by the law, you can lodge a complaint with the Office of Fair Trading.

Next steps - get advice now

It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.

Get Advice Now
Last update on:
May 29, 2018
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For expert advice call 1800 266 801 or chat via live chat to arrange free initial advice with our Principal lawyer, Greg Smith.

RELATED ARTICLES

Get expert advice today

STart my claim