Retailer Bunnings wins a ruling justifying the use of high-tech biometric tools to combat rising rates of shoplifting and staff abuse.
The landmark ruling supports Bunnings in capturing facial data using the technology, which has been deployed across other retail stores. CCTV cameras were deployed for 3 years until 2021, scanning the faces of customers shopping in 63 stores in Victoria and New South Wales. Privacy advocates brought a tribunal against Bunnings during a time of many pilots using the technology, arguing a breach of the privacy law and private data collection without consent. This partially succeeded in stopping general use of biometrics across stores. Its deployment supported the company’s staff, who reported during hearings of being hurled with abuse.
The case for eliminating facial recognition technology altogether was found by the tribunal to be “marginal” and not conducive to a threat to safety, privacy intrusion or risk of data misuse.
The Australian Privacy Commissioner reversed the ruling on Wednesday but agreed customers had not been properly informed about the presence of cameras.
Bunnings are entitled to use facial recognition “for the limited purpose of combatting very significant retail crime and protecting their staff and customers from violence, abuse and intimidation within its stores”. Its use was proportionate against the “benefits of providing a safer environment for staff and customers in Bunnings stores” as store managers repeatedly reported and undertook investigations into thefts or threatening behaviour.
