--- title: "Letter asking that footage, photographs and physical evidence be preserved" url: "https://ailawframework.com/precedents/personal-injury-and-compensation/cctv-and-evidence-preservation-letter" type: "precedent" site: "AI Law Framework" id: "a21-cctv-and-evidence-preservation-letter" area_id: "A21" kind: "letter" ai_level: "yellow" version: 1 task_ids: ["A21-B6-1", "A21-T1-R13", "A21-T1-R1"] law_stated_as_at: "2026-10-23" --- # Letter asking that footage, photographs and physical evidence be preserved > A letter asking the person who holds footage or a physical item to stop it being overwritten, deleted or repaired, and to say whether it still exists.… Canonical page: https://ailawframework.com/precedents/personal-injury-and-compensation/cctv-and-evidence-preservation-letter Law stated as at: 2026-10-23 Site index for agents: https://ailawframework.com/llms.txt A letter asking the person who holds footage or a physical item to stop it being overwritten, deleted or repaired, and to say whether it still exists. In Queensland it can also ask for the documents section 27 or section 47 requires once a notice has been given. ## Key facts - Kind: Letter. A letter or email you adapt and send. - Practice area: [Personal Injury & Compensation](https://ailawframework.com/precedents/personal-injury-and-compensation.md) - Jurisdictions: Victoria, Queensland, New South Wales - AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on. - Law stated as at: 2026-10-23 - Status: Maintained. Checked on 2026-10-23 against the 5 authorities it cites, for Victoria, Queensland and New South Wales. ## When to use it Use as soon as the firm is told that a camera, a vehicle, a machine or a surface may show how an injury happened. Send it to the person who controls that material. It does not replace a notice of claim or a claim form. ## Used for these tasks - [Organise chaotic PI evidence into a fact base](https://ailawframework.com/practice/personal-injury-and-compensation/organise-chaotic-pi-evidence-into-a-fact-base.md) - [Draft correspondence to the insurer or scheme agent](https://ailawframework.com/practice/personal-injury-and-compensation/draft-correspondence-to-the-insurer-or-scheme-agent.md) - [Calculate limitation and pre-action notice deadlines from the injury facts](https://ailawframework.com/practice/personal-injury-and-compensation/calculate-limitation-and-pre-action-notice-deadlines-from-the-injury-fac.md) ## How AI may be used The lawyer and the tool draft the hold request from the instructions and any photograph of the scene, and the lawyer checks the camera, the time window and the recipient before it is sent. **AI may:** - Name the place, the cameras or the item, and the time window from the instructions - Add the Queensland section 27 or section 47 request only after the lawyer confirms a notice has been given - Record the date sent and the reply, including whether the footage had already been overwritten **AI must not:** - Must not say the recipient is under a criminal duty, or in contempt, if the footage is later gone - Must not ask the recipient to film or follow any person - Must not describe footage as a document the Act requires to be produced unless the lawyer has decided that it is - Must not send the letter to a guessed address **The lawyer checks:** - The recipient is the person who controls the system or the item, not a general inbox chosen by guess - The time window is no wider than the instructions support - A Queensland statutory request is added only after the notice of claim has been given - Draft only in the firm's approved tool. In Victoria and New South Wales, do not disclose confidential client information without authority under Australian Solicitors' Conduct Rules r 9.2.1. A Queensland solicitor checks the local conduct rules. - If client information leaves the approved environment, check APP 11 and whether there is an eligible data breach under the Privacy Act notifiable data breach scheme. ## Authorities - [Personal Injuries Proceedings Act 2002 (Qld) s 27 (respondent must give directly relevant reports and documentary material about the incident, and, if asked, information about the circumstances or reasons)](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-2002-024) - [Motor Accident Insurance Act 1994 (Qld) s 47 (insurer must give reports and documentary material about the accident and, if asked, information about the circumstances or reasons)](https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-1994-009) - [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9 (confidentiality of client information)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244) - [OAIC, Australian Privacy Principles guidelines, Chapter 11 (APP 11: reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure)](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information) - [OAIC, Data breach preparation and response, Part 1 (Notifiable Data Breaches scheme in Privacy Act 1988 (Cth) Part IIIC: notify individuals and the Commissioner of an eligible data breach)](https://www.oaic.gov.au/privacy/notifiable-data-breaches/preventing-preparing-for-and-responding-to-data-breaches/data-breach-preparation-and-response/part-1-data-breaches-and-the-australian-privacy-act) ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/personal-injury-and-compensation/cctv-and-evidence-preservation-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*