Retail giant Bunnings has breached privacy laws by using facial recognition technology on its customers. The landmark finding by the Privacy Commissioner is the result of a two-year investigation and is expected to have significant implications for how businesses use the technology in the future. The hardware giant captured images of hundreds of thousands of customers over a period spanning almost three years. Bunnings has been ordered to destroy any personal and sensitive information within a year and to not repeat the practice in the future.
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00:00So, we're all used to being surveilled when we go into a shop.
00:06You know, we've had CCTV for a long time.
00:09This is an extra layer on top of that.
00:11So facial recognition technology is really quite a sophisticated technology that maps
00:17your unique biometric features, your unique face.
00:21And then in this instance, I mean, it collects in stores typically, but for Bunnings, they
00:26were using it to cross-match people's faces against a database that they had of perceived
00:33troublemakers, people who had been violent in the store or who had been, you know, perhaps
00:38repeat shoplifters, for example.
00:40And when they found a match, they would send out an alert.
00:43And when they didn't, they would, they said, delete that biometric data very quickly.
00:50However, the fact that they were doing it at all, that they were surveilling, as you
00:54said, likely hundreds of thousands of people over those three years, was found by the privacy
01:00commissioner today to be a breach of the law.
01:04Because biometric data, people's faces, is considered, you know, to be its own special
01:09category because it is so unique.
01:12And there wasn't adequate consent gained, according to the commissioner.
01:16Basically, you really have to let people know if you're going to be collecting that data.
01:21And beyond that, it wasn't proportionate.
01:24It didn't justify the security use that Bunnings is pointing to, didn't justify that invasion of privacy.
01:30So what are some of the repercussions that Bunnings will face as a result of this?
01:34And have Bunnings responded?
01:36Yes. So the commissioner has opted not to fine Bunnings, even though that is a possibility.
01:43It was an early use of this technology in Australia.
01:48And, you know, that's why it is a test case.
01:51That's why it is quite, you know, landmark.
01:54They are being told to not repeat the behaviour, as you could expect.
01:59And they'll have to notify customers on their website.
02:03They'll have to provide information about how customers can make a further complaint if they wish to do so,
02:07and explain how they were using that technology.
02:09So there are repercussions, not the most serious repercussions possible.
02:14As for Bunnings' response, they've said that they will be challenging.
02:18They'll be seeking a review of this decision, which is their right.
02:20They've said that they're very disappointed in the finding,
02:23and that really, you know, they were using this in a narrow way to protect staff,
02:30to protect customers, and that they felt that it was justified.
02:33You said earlier that we're all used to being surveilled when we go into shops.
02:37So what does this mean for other retailers now?
02:40Well, I mean, this is being watched very closely, because facial recognition technology is new.
02:45And you can see very clearly what the uses are and why a business might go well.
02:49You know, this could really help us out.
02:52And this is a very clear signal from the regulator that it's a pretty high bar
02:58that businesses have to clear if they are using it.
03:00It's not a ban on facial recognition technology per se,
03:04but it is a strong message to a range of businesses that you have to have a very good reason to use it.
03:11And you have to be very, very careful with consent, storing that data, all of it.
03:15It's difficult territory.