Kmart Australia Found to Have Unlawfully Used Facial Recognition Technology for Fraud Prevention
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Summary
The Privacy Commissioner found Kmart Australia unlawfully used facial recognition technology (FRT) in 28 retail stores between June 2020 and July 2022, capturing faces of all customers entering stores and individuals at returns counters to combat refund fraud. The Commissioner determined this breached Australians' privacy by collecting personal and sensitive information without proper justification or consent.
Key quotes
· 5 pulledPrivacy Commissioner Carly Kind has found that Kmart Australia Limited breached Australians' privacy by collecting their personal and sensitive information through a facial recognition technology system
Between June 2020 and July 2022, Kmart deployed FRT to capture the faces of every person who entered 28 of its retail stores, and all individuals who presented at a returns counter
Kmart did not notify customers about the collection of their sensitive information through the FRT system
The Privacy Commissioner found the collection of facial biometric information to be unfair and an unnecessary intrusion into individuals' privacy
The use of FRT was disproportionate to the problem of refund fraud that Kmart was seeking to address
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