An investigation by Australia’s privacy watchdog into Kmart’s and Bunnings’ use of facial recognition technology is likely to be completed by the end of June.
The Office of the Australian Information Commissioner (OAIC) also revealed it is no longer investigating appliance retailer the Good Guys over the use of facial recognition technology in its stores.
All three retailers were referred to the OAIC by CHOICE in June last year for potential breaches of the Privacy Act.
The OAIC opened a formal investigation into Bunnings and Kmart a month later. Both retailers suspended their use of the technology once the probe was announced.
Commissioner Angelene Falk told senate estimates last night that it had “substantially progressed” the investigation, which “could be resolved this financial year”.
“We aim to resolve all commissioner-initiated investigations in a timely manner,” she said.
“Our KPI is 80 percent within 12 months; that has been a challenge for us as the kinds of investigations that we’re now undertaking are more complex.”
Falk said the investigation would determine if the retailers contravened the Australian privacy principles (APPs).
“[Facial recognition] should only be used where it’s reasonably necessary for the entity’s functions and activities. It’s that issue of proportionality that we’re investigating in these matters,” Falk said.
The Good Guys investigation ceases
Falk also revealed last night that a probe by the OAIC into the Good Guys’ use of facial recognition has been dropped because the company had “suspended their use of facial recognition technology and indicated that they weren’t intending to reinstate it”.
A spokesperson for The Good Guys did not reply to a request for comment on the permanent cessation of facial recognition technology by the time of publication.
The Good Guys had previously only said its use of the technology would be suspended until the conclusion of OAIC’s probe.
“The technology was solely used to review incidents of theft, and for the purposes of customer and team member safety and wellbeing,” a release from the JB Hi-Fi-owned retailer said when it paused its facial recognition trial in July last year.
The consumer advocacy group that filed the request for OAIC’s investigation welcomed the pause at the time.
The OAIC previously also investigated 7-Eleven Australia’s use of facial capture technology on customer feedback tablets.
The convenience store chain has since destroyed the images it collected using the technology.