‘It was hundreds and thousands of people, not just high risk individuals’: Privacy commissioner backs Bunnings privacy breach
Australia’s privacy commissioner, Carly Kind, has shared more thoughts on Bunnings’ controversial use of facial recognition technology (FRT), after finding the retailer breached the privacy of everyday Aussies.
In a statement issued on Tuesday, the privacy commissioner claimed that Bunnings failed to take reasonable steps to notify individuals that their personal information was being collected and did not include required information in its privacy policy at 63 stores in Victoria and New South Wales between November 2018 and November 2021.
At the IAB Australia Leadership Summit on Wednesday, Kind delved further into the issue, explaining that the technology used was a more intrusive option than others available, and it interfered with the privacy of everyone.
“There is a discomfort that people face with the use of biometric information for targeting and profiling for commercial purposes,” Kind said. “It was hundreds and thousands of people who came into Bunnings stores, not just high risk individuals.
“The OAIC [Office of the Australian Information Commissioner] wants to ensure that when considering technology such as facial recognition, privacy considerations are front and centre.”
While she recognised that the technology in the Bunnings instance was deployed for preventing crime, and she understood that need for protection, it highlighted the issues around these emerging and contextually unethical technologies.
Bunnings released CCTV footage [Source: Nine]
“There was a lack of transparency and consent, there was no signage,” she explained. “There was no knowledge to anybody’s customers that technology was in play.”
In addition to Tuesday’s determination, the privacy commissioner has issued new guidance for businesses considering using FRT in a commercial or retail setting.
“We will continue to take this approach of taking what we see as practices that highlight gaps in knowledge, and provide guidance that addresses these areas specifically.”
In a statement given to Mumbrella, Bunnings said it will seek a review of the ruling, claiming that issues like crime and violent behaviour was the “very reason” it introduced FRT.
“Our use of FRT was never about convenience or saving money but was all about safeguarding our business and protecting our team, customers, and suppliers from violent, aggressive behaviour, criminal conduct and preventing them from being physically or mentally harmed by these individuals,” the statement reads.
“It was not used in isolation but in combination with various other security measures and tools to deliver a safer store environment.”
The retailer also released CCTV footage showing the crime and threats its employees are subjected to, to support its use of the FRT.
At the Leadership Summit, Kind also outlined a number of other priorities for the new year.
The privacy commissioner has also created guidelines on the use of AI, setting clear expectations as a regulator while seeking to clearly articulate how Australia’s privacy laws apply to AI.
Another key focus is in the use of third-party providers, for marketing and fundraising in particular, as well as for charities and non-profits.
“People and governments are increasingly turning their attention to the technology landscape,” Kind said. “And organisations will be held accountable and scrutinised in these areas.
“As a community, we are getting savvier to our rights and what it can mean when they’re not respected and protected. We see that the Australian public is more in the know about privacy, and more desiring of control in this space.”
She said that alongside increased guidelines, the OAIC will also be stepping up its enforcement activity in 2025.
“Privacy reform will be welcome, but we’re not waiting for it,” she explained. “We’re looking to make more use of the powers we have.”
She concluded by reminding delegates at the Leadership Summit that “getting privacy right is really essential to public trust”. While she conceded that is a rare skill, it is incredibly valuable, because “good privacy practices don’t happen by accident, they happen because you factor them in, ideally early and strongly”.
“At the end of the day, we’re all players in the arena of public trust,” Kind said.
“We know what we really want and expect, and together we can improve transparency, improve trust, and see those companies that strive to get it right, recognised.”
Keep up to date with the latest in media and marketing
Got a tip?
Lauren McNamara was the associate editor at Mumbrella. She joined in November 2022 as editorial assistant, after completing a Bachelor of Communications (Journalism) at UTS. She left Mumbrella in August 2025.
Linkedin
topics
ai
Bunnings
Bunnings FRT
Bunnings Warehouse
Carly Kind
consent
facial recognition
facial recognition technology
privacy
privacy commissioner
Privacy reform
I am no fan of Bunnings. However, I respect their right to have cameras in their stores. This is bunkum. Let,s get on with some real problems
User ID not verified.
Have your say