Wednesday 11/07/2012 ABC Gippsland
Victoria Police's surveillance practices will be tested in the Victorian Civil and Administrative Appeals Tribunal next week.
A woman, who was filmed by police during a protest at the Hazelwood Power Station in 2010, is challenging the police force's refusal to destroy the footage.
Lisa Caripis says she asked police to destroy the film when the protest ended peacefully with no arrests.
Her solicitor, Nicholas Croggin from the Environment Defender's Office, says the case is a significant test of Victoria's privacy laws and the Charter of Human Rights.
The Information Privacy Act is binding on public authorities, which includes Victoria Police, and it's not binding on the private sector in the same way, he said.
Its a very new area of law.
The Information Privacy Act is relatively recent and doesn't have a lot of case law on it and the charter is even more recent, so particularly in the area of Victoria Police surveillance practices and their retention of footage – there's been very little case law on this point.