Can you photograph and publish people in public in Australia?

As of October 9, 2026: The Office of the Australian Information Commissioner says an image of a person in a photo or video is personal information under the Privacy Act 1988 where the person's identity is clear or can reasonably be worked out. For an organisation covered by that Act, consent is not required to collect the image unless it records sensitive information, but the person must be told who is taking it and what it is for. The office says it is good practice to get express consent before publishing the picture, and to say what it will be used for and who will see it. The page is for organisations and agencies covered by the Act, not a rule for every personal photo.

Source: OAIC: posting photos and videos. Last verified October 9, 2026 by Terrell Groggins, photojournalist. This is not legal advice.