Bunnings Facial Recognition System Lawful, Administrative Review Tribunal Finds.
Bunnings Facial Recognition System Lawful – A facial recognition system implemented by Australian hardware supply chain Bunnings has been found lawful after an Administrative Review Tribunal accepted it was entitled to install the technology for the purpose of crime prevention.
The review came after Bunnings sought to overturn an earlier finding by the Privacy Commissioner that the company had unlawfully collected personal information using facial recognition technology.
Alex MacDonald of Australian facial recognition solutions provider, Vixels, which implemented the facial recognition solution at Bunnings, said the ruling provided long-awaited clarity for businesses considering use of facial recognition technology as part of their crime prevention strategies.
“When we implemented facial recognition technology at Bunnings it was to specifically to keep team members and customers safe and to prevent serious retail crime,” MacDonald said. “The fact that the tribunal has found Bunnings was entitled to use facial recognition technology for this purpose and that it was a not disproportionate, affirms the power of this technology when used ethically and responsibly.”
The Tribunal found Bunnings was permitted to rely on exemptions under the Privacy Act to use facial recognition technology to combat serious retail crime and to protect staff and customers from violence, abuse, and intimidation in its stores. In doing so, it rejected the Privacy Commissioner’s conclusion that Bunnings breached APP 3.3, which governs the collection of solicited personal information.
Something for end users to consider, however, is that the Tribunal upheld findings that Bunnings breached APP 1 and APP 5 by failing to manage the rollout of facial recognition in an open and transparent way and by not adequately notifying customers that their images were being collected. It also found Bunnings should have undertaken a formal, structured, and documented risk assessment addressing the privacy impacts of the system.
The Tribunal also affirmed the Privacy Commissioner’s framework for assessing whether consent exemptions apply, including whether facial recognition was an effective response to repeat offenders, whether less privacy-intrusive options were available, and whether the use of the technology was proportionate.
“Today’s decision confirms the Privacy Act contains strong protections for individual privacy that are applicable in the context of emerging technologies,” said an OAIC spokesperson. “It underscored the importance of APP entities maintaining good privacy governance and complying with the Australian Privacy Principles in adopting new tech, and that limited exemptions are subject to robust criteria that must be assessed on a case-by-case basis.”
Meanwhile, MacDonald said the ruling was a landmark for business in Australia seeking to use facial recognition technology responsibly to enhance safety and security and staff and customers.
“This landmark decision now provides much needed clarity for other businesses facing similar challenges, confirming that facial recognition technology can be implemented responsibly, with appropriate safeguards in place,” MacDonald said.
“A big shout out to Michael Schneider and the Bunnings team, who are staunch advocates of using technology responsibly to keep team and customers safe. In the face of significant scrutiny, Mike stayed true to his beliefs to achieve this result.”
You can learn more about Vixels’ solutions here or read more SEN news here.
“Bunnings Facial Recognition System Lawful, Administrative Review Tribunal Finds.”
