OAIC Publishes Updated Guidance On Facial Recognition Technology For Australia

The Office of the Australian Information Commissioner (OAIC) has published updated guidance for entities considering using facial recognition technology (FRT) in high-volume, publicly accessible physical spaces, like retail shopfronts.

The updated guidance incorporates the findings of the Administrative Review Tribunal regarding Bunnings’ use of FRT in its stores (see our earlier blog), and clarifies exceptions to the consent requirement to collecting sensitive biometric information.

The OAIC noted that the Bunnings decision “confirmed that there is a high bar for using facial recognition technology in Australia”, with the regulator signaling that its appetite in this space has not decreased. The timing of this guidance is particularly notable, given recent announcements of FRT being deployed in Australia instead of digital or paper tickets for live events, as well as the impending glut of AI “smart glasses”.