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Margarita Vladimirova, Sessional Academic, Faculty of Law, Monash University

Bunnings decision may open door to facial recognition surveillance free-for-all

A seemingly minor decision handed down last week by the Administrative Review Tribunal may open the door to widespread use of facial recognition technology in shops and other privately owned spaces in Australia.

The decision held that Bunnings was entitled to an exception to some rules around the use of facial recognition technology. In particular, it said the hardware giant did not need to seek the consent of customers before using the technology on them.

The tribunal’s decision may yet be appealed to the Federal Court – but if it stands, it raises worrying questions about the future of privacy, biometric data, surveillance and consent in Australia.

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