Bunnings facial recognition tech breached privacy, OAIC finds

Australia’s Privacy Commissioner has found that Bunnings breached customers’ privacy by using facial recognition technology in its stores.

The finding stems from an official investigation by the Office of the Australian Information Commissioner (OAIC) following a report by Choice in 2022. According to Privacy Commissioner Carly Kind’s findings, Bunnings Group Limited collected sensitive information via CCTV without consent.

“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 Kind said.

According to the investigation, 63 Bunnings stores in Victoria and New South Wales captured the faces of every person who visited the hardware retailer between November 2018 and November 2021.

Choice‘s original investigative report also found that Kmart and The Good Guys used facial recognition technology in stores. Both retailers paused their use of the technology, but the OAIC’s investigation into Kmart appears to be ongoing.

Commissioner Kind warned against setting a precedent of accepting facial recognition technology in stores.

“Facial recognition technology, and the surveillance it enables, has emerged as one of the most ethically challenging new technologies in recent years,” Commissioner Kind said.

“We acknowledge the potential for facial recognition technology to help protect against serious issues, such as crime and violent behaviour. However, any possible benefits need to be weighed against the impact on privacy rights, as well as our collective values as a society.”

Bunnings facial recognition faux pas: what’s next?

Rafi Alam, Choice Senior Campaigns and Policy Advisor, labelled the OAIC’s findings as “a landmark decision” for Australian privacy.

“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,” Alam said.

“While the decision from the OAIC is a strong step in the right direction, there is still more to be done.”

Alam criticised Australia’s existing privacy laws as being “confusing, outdated and difficult to enforce.” Alongside the OAIC’s findings, the Commissioner published an updated set of guidelines about using facial recognition technology.

In a media release, Mike Schneider, Bunnings Managing Director, claimed “that customer privacy was not at risk” and that the retailer didn’t use the technology for marketing or customer behaviour tracking.

“Unless matched against a specific database of people known to, or banned from stores for abusive, violent behaviour or criminal conduct, the electronic data of the vast majority of people was processed and deleted in 0.00417 seconds – less than the blink of an eye.”

Schneider confirmed that Bunnings will seek a review of the OAIC’s findings via the Administrative Review Tribunal.

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