Telecommunications, Media And Technology (TMT) Law Update – Volume 44

Judgements

Use of facial technology can be a privacy breach

On 12 October 2021, the Privacy Commissioner determined that convenience store 7-Eleven interfered with customers' privacy through the use of facial recognition technology without consent: 7-Eleven Stores Pty Ltd [2021] AICmr 50. The issue arose out of the deployment of facial recognition technology over a 2-month period in 2020 as part of a customer feedback mechanism. Customers were invited to complete a voluntary survey on a tablet about their in-store experience. Individual customers were identified through the generation of encrypted algorithmic representations of their faces, or "faceprints". The purpose of capturing faceprints and thereby identifying specific individuals was to eliminate persons who distorted the survey by providing multiple responses, and also to gain an understanding of customer demographics. The Commissioner determined that the facial images constituted "personal information"