Bunnings breached privacy laws by using facial recognition technology (FRT), the Privacy Commissioner determined.
From November 2018 to November 2021, Bunnings implemented a trial FRT at 63 stores in Victoria and NSW, capturing the faces of every visitor.
Privacy Commissioner Carly Kind said that while her office acknowledges the potential for the technology, its benefits must be weighed against its impact on privacy rights.
“In this instance, deploying facial recognition technology was the most intrusive option, disproportionately interfering with the privacy of everyone who entered its stores, not just high-risk individuals,” said Kind.
Kind also noted Bunnings’ lack of transparency, failing to notify individuals about their personal information being collected.
“Facial recognition technology may have been an efficient and cost effective option available to Bunnings at the time in its well-intentioned efforts to address unlawful activity, which included incidents of violence and aggression,” said Kind.
“However, just because a technology may be helpful or convenient, does not mean its use is justifiable.”
Meanwhile, the household hardware company said it will seek a review of the determination before the Administrative Review Tribunal.
The company noted that only a small team had access to the data collected during the trial.
Moreover, while Bunnings admits it did not specify the use of FRT at first on the entry poster at its stores, it later indicated the use of the technology in its entry sign and privacy policy.
“Theft is a major driver of abusive or threatening encounters, with one in five instances of recorded theft in Bunnings stores also involving verbal or physical abuse towards team,” said Bunnings. “We would never act in a way that we believe would jeopardise customer privacy.”
Consumer advocacy group Choice has welcomed the Privacy Commissioner’s determination and said it must serve as a warning for businesses.
“This is a landmark decision that will prompt all businesses to think carefully about the use of facial recognition in Australia going forward,” said Rafi Alam, Choice senior campaigns and policy advisor.
“Choice is continuing to call for a specific, fit-for-purpose law to hold businesses accountable as soon as they breach customer privacy, and protect consumers from the harms that can occur without proper and clear regulation of facial recognition technology.”
