The Australian Information Commissioner has released new guidelines for the use of facial recognition in public spaces, clarifying legal thresholds after the Bunnings case highlights the need for case-by-case assessments and transparency enhancements.
The Office of the Australian Information Commissioner has updated its guidance for organisations considering facial recognition technology in high-traffic, publicly accessible places such as retail shopfronts. The revised material gives more detail on when exceptions to consent may apply for the collection of sensitive information, including biometric data, while stressing that each proposed deployment still requires a case-by-case legal assessment under the Privacy Act.
The update follows the Administrative Review Tribunal’s ruling on Bunnings’ use of facial recognition. In a statement on that decision in March, the Privacy Commissioner said the case offered important clarification on parts of the law, but also underlined that any deployment of the technology must meet a high threshold to be lawful. The OAIC has said Bunnings was using the system across more than 60 stores to help address serious crime and repeat theft.
Industry advisers say the tribunal outcome has sharpened the compliance questions facing retailers. Legal commentary on the case has noted that, even where consent is not obtained, businesses should still carry out privacy impact assessments and test whether facial recognition is necessary and proportionate to the problem they are trying to solve. The tribunal’s February ruling was also seen as significant because it narrowed one element of the earlier privacy finding while leaving other obligations, including transparency and notification, in place.
The Shopping Centre Council of Australia welcomed the updated guidance. Chief executive Angus Nardi said the sector supports the appropriate use of technology for safety and law-enforcement purposes, but also takes privacy seriously. He said the OAIC’s revised position would give shopping-centre operators a clearer reference point when considering facial recognition in their own environments.
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