The hardware retailer is facing criticism for implementing facial recognition in 63 stores across Victoria and New South Wales between 2018 and 2021. This move was part of a trial aimed at addressing rising levels of organised retail crime and improving employee safety. The Privacy Commissioner says Bunnings gathered sensitive biometric data without clear approval from customers, which could breach privacy laws and affect hundreds of thousands of people.
At the time of the trial, no major retailers in Australia were using similar surveillance tools. The Privacy Commissioner argues that facial recognition technology was typically reserved for police and large public venues. They question whether Bunnings had the right to use such a system without first securing informed consent from shoppers.
Bunnings’ legal representatives argue the stores are high-risk environments where items like knives and axes are sold, and incidents involving theft or threats to staff occur frequently. The technology was recommended by a member of their security team, a former police officer, who considered the existing alert system inadequate. Internal reviews reportedly showed a decline in workplace threats and suggested that facial recognition contributed to a safer environment for employees.
Despite acknowledging the seriousness of retail crime, the Privacy Commissioner's office says the use of biometric surveillance was not sufficiently justified. They maintain that privacy laws only permit the use of such sensitive information in essential or extraordinary situations. They also dispute Bunnings' claim that facial recognition was necessary, pointing out that it primarily identified repeat offenders who represented only a small share of the incidents recorded.
Bunnings argues that it did not technically collect biometric information but instead generated mathematical representations from CCTV footage to help identify known threats. The tribunal will now assess whether this interpretation is valid under Australia's current privacy legislation.
Although Bunnings has since ceased using facial recognition in its stores, the outcome of this case could influence future decisions around technology, data ethics and customer trust in Australian retail.
