The Office of the Australian Information Commissioner (OAIC) has issued a statement regarding the Administrative Review Tribunal’s decision on Bunnings’ use of facial recognition technology (FRT), which had been employed across over 60 stores to combat crime and theft. The Privacy Commissioner previously determined that Bunnings’ use of FRT did not comply with the Privacy Act due to inadequate customer notification and lack of governing policies, despite the Tribunal acknowledging the serious threats Bunnings faces from repeat offenders and the potential for violence in its stores. The Tribunal concluded that while FRT represents a significant privacy intrusion, Bunnings was justified in its limited use for public safety. The OAIC confirmed that it has not filed an appeal of this decision. OAIC plans to update guidance to reflect the Tribunal’s ruling, emphasizing the need for a detailed risk assessment before deploying such technology, and clarifying that the decision does not serve as a blanket approval for retailers to implement biometric technologies.
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