However, the privacy commissioner found that Bunnings breached the nation’s privacy laws by failing to appropriately inform customers about its use of facial recognition technology.
Bunnings was ordered not to repeat or continue the acts and practices that led to the interference with individuals’ privacy.
Bunnings had conditions-of-entry posters in place, including the use of CCTV, when it started using the technology. However, the hardware giant said it started specifically referring to its use of FRT technology on entry signs and its privacy policy during the trial itself.
“Individuals who entered the relevant Bunnings stores at the time would not have been aware that facial recognition technology was in use and especially that their sensitive information was being collected, even if briefly,” commissioner Carly Kind said.
“Because facial recognition technology is a high-privacy-risk technology, it is not justifiable for entities to use it merely because it is available, convenient or desirable. Rather, businesses will need to ... satisfy themselves that it is reasonably necessary to collect this information in order to carry out their functions and activities.”
Now, the company says it intends to roll out the technology to all of its stores if successful in its appeal. It did not disclose the provider behind the technology, citing commercial-in-confidence.
Privacy Commissioner Carly Kind.Credit: Michael Quelch
“Yes, we are,” a Bunnings spokesman said when asked whether it would be keen to continue the use of FRT and roll it out to all stores.
“However, the next step will be seeking a review of the privacy commissioner’s determination, before the Administrative Review Tribunal.”
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The privacy commissioner’s determination, and any subsequent ruling by the tribunal, could influence how businesses deploy facial recognition technology in the future.
The chief executive of the Australian Chamber of Commerce and Industry, Andrew McKellar, said the commissioner’s ruling would be confusing for businesses.
“The actions of Bunnings point to genuine risk mitigation efforts that have been undone by a technicality,” he said.
“Businesses looking to protect their staff could rightly be confused by the decision. We look forward to a tribunal review outcome which enables clarity for business.”
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