Bunnings wins the right to use facial recognition CCTV in stores

Bunnings has won the right to use facial recognition technology in stores to protect staff and customers from violence, abuse and crime.

The hardware giant was found to have breached the privacy of potentially hundreds of thousands of customers in 2024 by using facial recognition CCTV in 63 stores during a three-year trial.

It has now been given the green light to use the controversial technology after an Administrative Review Tribunal partially reversed the Office of the Australian Information Commissioner's (OAIC) ruling.

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An appeal tribunal found Bunnings was entitled to use facial recognition CCTV without consent "for the limited purpose of combatting retail crime and protecting their staff and customers from violence, abuse and intimidation within their stores".

Privacy commissioner Carly Kind previously ruled that Bunnings had breached the Privacy Act by collecting personal information from customers without consent.

The tribunal upheld its original ruling that Bunnings had failed to provide appropriate notice to customers.

Bunnings managing director Mike Schneider said the hardware chain welcomed the tribunal's decision and that the CCTV had been used in the name of safety.

"Our intent in trialling this technology was to help protect people from violence, abuse, serious criminal conduct and organised retail crime," Schneider said.

"The tribunal recognised the need for practical, common-sense steps to keep people safe.

"It also identified areas where we didn't get everything right, including around signage, customer information, processes and our privacy policy, and we accept that feedback."

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The OAIC said it would carefully consider the tribunal's decision, which could also be appealed.

"Today's decision confirms the Privacy Act contains strong protections for individual privacy that are applicable in the context of emerging technologies," an OAIC spokesperson said.

Bunnings previously said it used the technology to protect staff against "serious" crimes and violent interactions allegedly perpetrated by a "small number of known and repeat offenders".

It used facial recognition technology in a trial between November 2018 and November 2021 across stores in NSW and Victoria and said the "vast majority of people [were] processed and deleted in 0.00417 seconds".

Compilation footage of customers threatening Bunnings staff members with weapons and physically attacking them was then released following OAIC findings.

Bunnings paused the use of the CCTV during the investigation.

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