Gaps in the law 4.35 Existing laws may not be sufficient to cope with the specific privacy issues widespread RPA use might raise. For example, many State surveillance acts may not provide for inadvertent recording of private behaviour.27 This could create uncertainty for RPA operators in a range of contexts – for example aerial photography, survey or emergency management. 4.36 In relation to this Mr Rodney Alder, representing the Australasian Fire and Emergency Service Authorities Council, said that: my understanding at least with some of the state legislation … [is] that the offence is actually committed at the time of the recording … One of the most probable applications for UAVs is rapid damage assessments. So immediately after a fire or some other incident, it is a niche UASs can clearly operate in. There is a potential for inadvertent privacy breaches in that situation.28 4.37 In addition, the Committee notes that Australia’s existing surveillance laws were written before the development of current RPA technology. While in some cases they are written in technology neutral language, and therefore may still apply to the use of RPAs, widespread RPA use and their developing capabilities may nonetheless require a reassessment of current laws. 4.38 For example, while the use of listening devices is tightly regulated, according to the Commonwealth Surveillance Devices Act 2004, police may use RPAs as optical surveillance devices without a warrant so long as they do not enter onto premises without permission, or interfere with any vehicle or thing without permission.29 4.39 As such, it was suggested that law enforcement agencies could deploy cheap and widespread aerial surveillance capability without requiring a warrant. The Committee notes that both the AFP and the Queensland Police have indicated that at present they have no plans to use RPAs for surveillance purposes.30 While these responses are reassuring, the regulatory gap remains a concern. This is an issue where technology appears to have surpassed situations envisaged when the relevant regulations were drafted, and confirms the need for regulatory review.