There are gaps in the state's rules governing surveillance devices and privacy, the Queensland Law Reform Commission has argued while calling for a ban on secretly recording private conversations.
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In July 2018, Attorney-General Yvette D'Ath tasked the QLRC with examining the issue of modernising laws around the use of surveillance devices and protecting privacy in the context of emerging technologies.
"Each and every day we are seeing advances in smartphone technology, drone capability as well as tracking and data surveillance devices," she said at the time.
"This begs the question of whether the right balance is in place between protecting the privacy of Queenslanders and the legitimate use of these technologies."
Surveillance devices can include "bugs", mobile phones, drones, cameras, voice recorders, CCTV, keystroke monitoring and GPS tracking.
Queensland's Invasion of Privacy Act 1971 includes several offences relating to the use of listening devices to monitor, listen to or record a person's private conversations but it does not regulate optical, tracking or data surveillance devices.
QLRC chair Justice David Jackson said there were gaps, inconsistencies and uncertainties in the current regulation of surveillance devices and privacy in Queensland.
Justice Jackson said the Invasion of Privacy Act was outdated and limited in scope, while other laws were "inadequate, fragmented and, in some instances, apply differently to individuals and corporations".
"Modern surveillance technologies using computers, sensors, data storage, location tracking and networking continue to become more sophisticated and capable," he said.
"They are becoming smaller, increasingly autonomous, intelligent and connected, and these trends will continue.
"Civil surveillance technologies are used for a range of legitimate purposes.
"But they can also be used for improper and harmful purposes such as theft, stalking, harassment, bullying, peeping or prying."
The QLRC released a consultation paper, which asked whether workers such as journalists, private investigators and loss adjusters, should be allowed to use surveillance devices without committing an offence.
The QLRC argued the law should be changed in Queensland so people taking part in a private conversation would not be allowed to record without obtaining consent, describing the practice as a "significant intrusion into individual privacy" as recordings could be quickly and widely disseminated.
"In limited circumstances, it may be appropriate for a person to record a conversation to which they are a party without the knowledge or consent of other participants," the QLRC wrote in the paper.
"These might include, for example, a person who is being threatened or experiencing domestic violence."
Ms D'Ath said employers used optical surveillance, data monitoring and tracking devices for legitimate reasons, including ensuring employee health and safety, protecting property from theft and damage, preventing fraud and monitoring employee performance.
"However, like any other surveillance, it is vital this is considered against an employee's reasonable expectation of privacy," she said.
The reviews will not cover the use of surveillance devices by law enforcement agencies, which is already regulated in Queensland.
The deadline for submissions is January 31.
The QLRC will report on civil surveillance, and provide draft legislation, by October 31, 2019.
The QLRC will also review the use of surveillance devices in workplaces.
