Clause · Commercial Property & Leasing

Lease clause: smart-building data, surveillance devices and AI analytics

Lease clause allocating control of building and occupancy data, limiting landlord surveillance and AI analytics (including facial recognition), and setting privacy, security, access and deletion obligations.

Kind
Clause. Wording to drop into a longer document.
Where it applies
New South Wales, Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 3 authorities it cites, for New South Wales and Australia.
Version
1
Source
Written for this library

When to use it

Use in office, retail or industrial leases where the building has sensors, access control, cameras or analytics platforms, or the landlord wants to use occupancy data. Choose the landlord-friendly or tenant-friendly options; do not use without checking how the building systems actually work.

How AI may be used

AI may draft clause variants and compare them with the landlord's building data terms; a lawyer selects the options after confirming the building systems and the privacy position of both parties.

AI may

  • Draft alternative versions of the clause for landlord-friendly and tenant-friendly positions.
  • Summarise the landlord's building technology schedule or data policy against the clause.
  • List privacy and surveillance issues raised by a described system for the lawyer to assess.

AI must not

  • Must not assume how a building system collects or uses data; get written details from the landlord or its provider.
  • Must not decide whether either party is covered by the Privacy Act.
  • Must not draft consent wording for employees or customers without lawyer review.

The lawyer checks

  • The systems schedule lists every device and platform that covers the premises or common areas the tenant uses.
  • Facial recognition and other biometric uses are either excluded or subject to express consent and a privacy impact assessment.
  • The clause works with the tenant's own workplace surveillance notices and the landlord's privacy policy.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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