Following CHOICE's 2022 investigation into Bunnings' use of facial recognition technology, the Office of the Information Commissioner (OAIC) has today announced that Bunnings has breached the Privacy Act.
The OAIC has declared Bunnings must not repeat or continue any practices which interfere with individuals' privacy, including the collection of facial images without consent. The retailer must also destroy all sensitive data collected via its facial recognition system.
"We are very pleased to hear the Information Commissioner has determined that Bunnings has breached the Privacy Act, following its controversial use of facial recognition technology in stores across the country. This is a landmark decision that will prompt all businesses to think carefully about the use of facial recognition in Australia going forwards," says CHOICE Senior Campaigns and Policy Advisor, Rafi Alam.
"We know the Australian community has been shocked and angered by the use of facial recognition technology in a number of settings, including sporting and concert venues, pubs and clubs, and big retailers like Bunnings," says Alam.
"While the decision from the OAIC is a strong step in the right direction, there is still more to be done. Australia's current privacy laws are confusing, outdated and difficult to enforce. CHOICE first raised the alarm on Bunnings' use of facial recognition technology over two years ago, and in the time it took to reach today's determination the technology has only grown in use," says Alam.
"CHOICE is continuing to call for a specific, fit-for-purpose law to hold businesses accountable as soon as they breach customer privacy, and protect consumers from the harms that can occur without proper and clear regulation of facial recognition technology," says Alam.
Read CHOICE's 2022 investigation into facial recognition here: https://www.choice.com.au/facialrecognition
Sign the petition to rein in facial recognition here: www.choice.com.au/facialrecognitionpetition
Editor's notes:
A nationally representative survey conducted by CHOICE in January 2023 found:
- 83% of people agree businesses must be required to tell their customers about facial recognition technology being used in stores before entering
- 87% of people are concerned around retail stores saving and using faceprints insecurely
- In less than a year, consumer awareness of facial recognition technology being used increased from 24% to 53%
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