The Office of the Australian Information Commissioner (OAIC) has published updates to its guidance for Australian Privacy Principle (APP) entities that are considering using facial recognition technology (FRT) in high volume and publicly accessible physical spaces such as retail shopfronts.

The updated guidance provides greater clarity on how exceptions to the obligation to obtain consent when collecting sensitive information, including biometric information, should be applied in retail settings. As retailers will continue to need to make contextual assessments of the legality of using FRT, the updated guidance seeks to support entities in undertaking those assessments.

The updated guidance has been issued following the decision of the Administrative Review Tribunal (ART) in relation to the use of FRT by Bunnings.

“The Bunnings decision by the ART provided important clarification on certain aspects of the Privacy Act, and this updated guidance incorporates those points of clarification. The guidance remains clear, however, that each proposed deployment of FRT will need to be assessed against the requirements of the Act,” said the Privacy Commissioner.

Shopping centre industry welcomes updates

The Shopping Centre Council of Australia (SCCA) welcomed the release of updated guidance on the use of FRT in retail settings.

“Our industry supports the appropriate use of technology, including for community and worker safety purposes, and where it could help enhance the capability of law enforcement agencies,” said SCCA Chief Executive Angus Nardi.

“Our industry takes the issue of privacy incredibly seriously. “The OAIC’s updated guidance will provide the industry with a useful reference point and clarity on key privacy considerations on the potential use of FRT in shopping centre environments.”