Following CHOICE's 2022 investigation into Kmart's use of facial recognition technology and complaint, the Office of the Information Commissioner (OAIC) has today announced Kmart has breached the Privacy Act.
The OAIC previously found Bunnings had also breached the Privacy Act through their use of facial recognition technology.
Quotes attributable to Jarni Blakkarly, Investigative Journalist at CHOICE:
"CHOICE is pleased to hear the OAIC has determined that Kmart, in addition to Bunnings, breached the Privacy Act through their concerning use of facial recognition technology across 28 stores. Kmart's facial recognition use was found to be a clear breach of customer privacy, collecting sensitive biometric information without notifying shoppers or obtaining their consent."
"Biometric data collected through facial recognition technology, such as that used by Kmart, captures each person's unique facial features, known as a faceprint – similar to having your fingerprints or DNA taken every time you shop. While you can easily change your email address if it's involved in a data breach, you can't get a new face, so consumers shouldn't have to take that risk every time they buy clothes or household items."
"It's been over three years since CHOICE first raised the alarm on Kmart's use of controversial facial recognition technology. While today's OAIC determination sends a clear warning to other businesses who may be considering using facial recognition technology, what we really need are stronger, fit-for-purpose laws to hold businesses accountable as soon as they breach customer privacy."
"Australia's current privacy laws are confusing and difficult to enforce. Without proper and clear regulation of facial recognition technology, there will continue to be the potential for harm through breaches of people's privacy and sensitive, personal information."
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