Bunnings Triumphs in Facial Recognition Technology Appeal for Crime Prevention

Bunnings has successfully appealed a prior decision by the Privacy Commissioner regarding the use of facial recognition technology in its stores. The retailer faced scrutiny after trials conducted between 2018 and 2021, where technology was implemented in 62 locations to capture customer facial data. The intent was to identify repeat offenders linked to criminal or violent behavior aimed at reducing shoplifting.

Bunnings Wins Facial Recognition Technology Appeal

In late November 2024, the Office of the Australian Information Commissioner (OAIC) ruled that Bunnings had violated customer privacy during these trials. This decision was challenged in the Administrative Review Tribunal, which ultimately sided with Bunnings. The tribunal concluded that the retailer could bypass obtaining customer consent to use the technology for preventing retail crime and ensuring safety.

Key Findings of the Tribunal

• The tribunal confirmed that a general permission existed for the collection of information by Bunnings.
• While Bunnings was allowed to use facial recognition technology, it failed to adequately inform customers about its usage.
• The tribunal stated Bunnings did not comply with the Australian Privacy Principles regarding customer notification and data collection practices.

Bunnings managing director Mike Schneider emphasized the company’s commitment to safety. He acknowledged the areas where Bunnings fell short in its privacy practices and expressed a willingness to improve communication about safety measures.

OAIC’s Continuing Role

The OAIC noted that the tribunal’s ruling reaffirmed the importance of the Privacy Act in safeguarding individual privacy amid evolving technologies. They are currently deliberating on whether to appeal the tribunal’s decision.

Reactions from the Retail Industry

The decision has been met with mixed responses. The Australian Retail Council welcomed the development, recognizing the potential benefits of facial recognition technology in enhancing safety for both employees and customers, provided it is utilized transparently. CEO Chris Rodwell stated the necessity of suspect-matching in tackling retail crime.

Conversely, privacy advocates have expressed concerns. Tom Sulston from Digital Rights Watch argued that customers should be able to shop without their biometric information being collected by corporations. The ongoing debate highlights a critical balance between crime prevention and individual privacy rights.

Increasing Retail Crime Rates

Data from retail theft reporting platform Auror indicates a notable increase in incidents involving customer threats, violence, and the presence of weapons. In 2025, retailers reported a 26% rise in threatening behavior, 17% in violent incidents, and a 10% increase in weapon sightings.

This situation underscores the need for substantial privacy safeguards and clear signage to keep customers informed about surveillance measures in place, as the industry navigates the complexities of enhancing security through technology.