Bunnings released confronting CCTV on Tuesday to support its belief that the facial recognition technology is needed to keep staff safe. This footage was from Taree Bunnings on January 21, 2023. Picture: Bunnings
The Privacy Commissioner found Bunnings collected the sensitive information of individuals – likely hundreds of thousands of people – without their consent and failed to take reasonable steps to notify them about their personal information being collected.
Bunnings, which paused use of the tech pending the outcome of the Commissioner’s investigation, has been ordered to stop collecting facial images without consent.
The retailer said it would seek a review of the determination before the Administrative Review Tribunal, maintaining its belief that FRT is an important tool to keep its team and customers safe.
“The sad reality is retail crime is on the rise, we’ve seen abusive and threatening encounters in our stores increase by 50 per cent in the last year alone,” Mr Schneider said.
Bunnings has released shocking security footage of staff members being threatened and assaulted in response to findings from the country’s privacy watchdog that the company breached Australians’ privacy.
Bunnings trialled the use of facial recognition technology (FRT) in 63 stores across Victoria and New South Wales between November 2018 and November 2021.
Bunnings managing director Mike Schneider defended the technology use as being “with the sole and clear intent of keeping our team and customers safe and preventing unlawful activity by repeat offenders”.
However, Australian Privacy Commissioner Carly Kind said despite the efforts being “well-intentioned” to address unlawful activity, the technology was not justifiable.
“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,” Commissioner Kind said in a statement on Tuesday.
Bunnings released confronting CCTV on Tuesday to support its belief that the facial recognition technology is needed to keep staff safe. This footage was from Taree Bunnings on January 21, 2023. Picture: Bunnings
The Privacy Commissioner found Bunnings collected the sensitive information of individuals – likely hundreds of thousands of people – without their consent and failed to take reasonable steps to notify them about their personal information being collected.
Bunnings, which paused use of the tech pending the outcome of the Commissioner’s investigation, has been ordered to stop collecting facial images without consent.
The retailer said it would seek a review of the determination before the Administrative Review Tribunal, maintaining its belief that FRT is an important tool to keep its team and customers safe.
“The sad reality is retail crime is on the rise, we’ve seen abusive and threatening encounters in our stores increase by 50 per cent in the last year alone,” Mr Schneider said.
Bunnings managing director Michael Schneider. Picture: Bunnings
Confronting CCTV released by the company on Tuesday showed a naked man going behind the counter at the Taree store cafe in January last year, and then following a staff member.
In the same month, footage showed a man holding up a knife to a staff member’s throat at the Warrnambool store and a man appear to threaten a staff member with a hammer in Maribyrnong.
In July this year, a man was filmed punching a worker in the face before walking away at the Broadmeadows store.
Other older footage showed staff members pushed and knocked to the ground, and in 2017 a man walked into Hoxton Park Bunnings with a gun.
A staff member was grabbed by the collar and pushed by a man in Midland Bunnings on February 27, 2020. Picture: Bunnings
A staff member was seen knocked to the ground at Greenacre Bunnings on December 19, 2018. Picture: Bunnings
How the facial recognition technology worked
During the trial, when a customer entered a participating Bunnings store, their face was captured on CCTV and compared against a database of images of people who had been banned from stores, or who had previously stolen from stores or physically or verbally abused staff or customers.
A match would be checked manually, and then action could be taken, such as calling a security guard to the store or calling police.
Bunnings argues customer privacy was not at risk as “the electronic data was never used for marketing purposes or to track customer behaviour”.
“Unless matched against a specific database of people known to, or banned from stores for abusive, violent behaviour or criminal conduct, the electronic data of the vast majority of people was processed and deleted in 0.00417 seconds – less than the blink of an eye,” the company said in a statement.
Should Bunnings be allowed to use its facial recognition tech?
No, my privacy needs to be respected
Yes, I agree with Bunnings that it is an important toolCast your vote
Warning to other businesses
Commissioner Kind said facial images were sensitive information because “we can’t change our face” and therefore, consent was generally needed to collect these images, “even if briefly”.
“This decision should serve as a reminder to all organisations to proactively consider how the use of technology might impact privacy and to make sure privacy obligations are met,” she said.
“Organisations should be aware that ensuring the use of emerging technologies aligns with community expectations and regulatory requirements is high among our priorities.”
On Tuesday, the Office of the Australian Information Commissioner published a new privacy guide for businesses considering using facial recognition technology in a commercial or retail setting.
Choice, which brought attention to Bunnings, Kmart and The Good Guys using facial recognition technology in stores in 2022, said the Privacy Commissioner’s Bunnings determination was a “landmark decision”.
“While the decision from the OAIC is a strong step in the right direction, there is still more to be done,” Choice senior campaigns and policy advisor Rafi Alam said.
“Australia’s current privacy laws are confusing, outdated and difficult to enforce.
“Choice first raised the alarm on Bunnings’ use of facial recognition technology over two years ago, and in the time it took to reach today’s determination the technology has only grown in use.”
