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On review, the Administrative Review Tribunal found on 4 February 2026 that the system, with other security controls, was effective and suitable to identify known offenders. It relied on an expert engaged by Bunnings who compared stores with and without the system and estimated that it cut theft by around 13%. The Tribunal found that the system was far more effective than people watching CCTV and that staff reviewed false matches before acting. It noted that cause and effect is difficult to test. 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AustLII copy in the Wayback Machine.","title":"Commissioner Initiated Investigation into Bunnings Group Ltd (Privacy) [2024] AICmr 230","url":"https://web.archive.org/web/2026/https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AICmr/2024/230.html","date":"2024-10-29","written_by":"independent","quote":"I do not doubt that the FRT system was more accurate, practical and cost effective than some of the alternative tools and strategies available to the respondent to take appropriate action in respect of certain instances of unlawful activity"}]}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["evidence"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"sources[].id":{"state":"value_present","value":{"kind":"identifiers","identifiers":["AIBD-0856-source-0001","AIBD-0856-source-0002"],"role":"Existing evidence items, in their original order"},"provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"review_state":"record_mapped","coverage":"complete"},"sources[].language":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"sources[].relationship":{"state":"value_present","value":{"kind":"record_fields","fields":{"evidence":[{"kind":"court document","citation":"Administrative Review Tribunal of Australia, Guidance and Appeals Panel (Deputy President P Britten-Jones, Senior Members A Murphy and T Simon). Bunnings Group Limited and Privacy Commissioner (Guidance and Appeals Panel) [2026] ARTA 130, 4 February 2026 (archived copy from AustLII).","title":"Bunnings Group Limited and Privacy Commissioner (Guidance and Appeals Panel) [2026] ARTA 130","url":"https://web.archive.org/web/2026/https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/ARTA/2026/130.html","date":"2026-02-04","written_by":"independent","quote":"We find that collecting sensitive information by the use of FRT in conjunction with the other security controls was effective and suitable to identify known offenders and if necessary to monitor them so as to reduce the likelihood of them engaging in theft or violent or threatening behaviour."},{"kind":"regulatory document","citation":"Office of the Australian Information Commissioner. Commissioner initiated investigation into Bunnings Group Limited (Privacy) [2024] AICmr 230, determination of Privacy Commissioner Carly Kind, 29 October 2024. Findings on APP 3.3, 'Suitability'. AustLII copy in the Wayback Machine.","title":"Commissioner Initiated Investigation into Bunnings Group Ltd (Privacy) [2024] AICmr 230","url":"https://web.archive.org/web/2026/https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AICmr/2024/230.html","date":"2024-10-29","written_by":"independent","quote":"I do not doubt that the FRT system was more accurate, practical and cost effective than some of the alternative tools and strategies available to the respondent to take appropriate action in respect of certain instances of unlawful activity"}]}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["evidence"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"sources[].upstream_sources":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"strategic_assessments[]":{"state":"unresolved","review_state":"not_assessed","coverage":"partial","family":"strategic assessments"},"summary":{"state":"value_present","value":{"kind":"record_fields","fields":{"summary":"Australia's Administrative Review Tribunal found that facial recognition in 62 Bunnings stores was effective in identifying known offenders. It relied on evidence of a theft cut of around 13%.","account":"Bunnings Group ran a facial recognition system from Hitachi Kokusai Electric in 62 stores in New South Wales and Victoria from January 2019 to 30 November 2021. CCTV cameras captured the faces of people entering, and the system compared them with a database of known offenders and alerted staff to matches. In October 2024 the Privacy Commissioner found that Bunnings had breached privacy law. On review, the Administrative Review Tribunal found on 4 February 2026 that the system, with other security controls, was effective and suitable to identify known offenders. It relied on an expert engaged by Bunnings who compared stores with and without the system and estimated that it cut theft by around 13%. The Tribunal found that the system was far more effective than people watching CCTV and that staff reviewed false matches before acting. It noted that cause and effect is difficult to test. It upheld the findings that Bunnings breached the principles on notice, privacy practices and privacy policy."}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["summary","account"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"systems[].autonomy_permissions":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].component_role":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].deployment_configuration":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].inputs_outputs":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].model_name":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].model_version":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"systems[].product_name":{"state":"value_present","value":{"kind":"record_fields","fields":{"system":"Hitachi facial recognition system (FRT) on store CCTV"}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["system"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"systems[].provider":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"taxonomy_crosswalks[]":{"state":"unresolved","provenance":{"kind":"curatorial","basis":"Editorial assignment.","record_fields":[],"source_refs":[]},"reason":"This is an explicit unresolved assignment: the sources on record do not settle this question.","review_state":"not_assessed","coverage":"partial"},"title":{"state":"value_present","value":{"kind":"record_fields","fields":{"title":"Australia's Administrative Review Tribunal finds that Bunnings' facial recognition was effective in identifying known offenders in 62 stores","headline":"*Facial recognition* helped Bunnings spot repeat offenders in 62 stores"}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["title","headline"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"},"version":{"state":"value_present","value":{"kind":"identifiers","identifiers":["ca2a5c25ea06fcd0536b92939cb7410752c80f599128da642a6aa22a0358cd94"],"role":"SHA-256 of the complete public record and its assessments"},"provenance":{"kind":"curatorial","basis":"SHA-256 of the public record, its assessments, and its displayed answers and notes, excluding its own identifier and the derived coverage summary.","record_fields":[],"source_refs":[]},"review_state":"record_mapped","coverage":"complete"},"workflow":{"state":"value_present","value":{"kind":"record_fields","fields":{"account":"Bunnings Group ran a facial recognition system from Hitachi Kokusai Electric in 62 stores in New South Wales and Victoria from January 2019 to 30 November 2021. CCTV cameras captured the faces of people entering, and the system compared them with a database of known offenders and alerted staff to matches. In October 2024 the Privacy Commissioner found that Bunnings had breached privacy law. On review, the Administrative Review Tribunal found on 4 February 2026 that the system, with other security controls, was effective and suitable to identify known offenders. It relied on an expert engaged by Bunnings who compared stores with and without the system and estimated that it cut theft by around 13%. The Tribunal found that the system was far more effective than people watching CCTV and that staff reviewed false matches before acting. It noted that cause and effect is difficult to test. It upheld the findings that Bunnings breached the principles on notice, privacy practices and privacy policy.","replication":{"produced_by":["CCTV cameras at store entrances captured the faces of people entering.","The system converted each face to a vector set and compared it with those of enrolled offenders.","A member of Bunnings' investigations team reviewed each match before staff acted."],"must_hold":["Faces must be visible, since masks or other people blocking the view defeat the match.","Offenders must be enrolled in the database for the system to flag them."],"echoes":[]}}},"provenance":{"kind":"legacy_record","basis":"Editorial assignment.","record_fields":["account","replication"],"source_refs":[]},"review_state":"record_mapped","coverage":"partial"}},"summary":{"total":91,"addressed":91,"known":29,"reviewed":2,"reviewed_complete":2,"reviewed_partial":0,"record_mapped":27,"review_not_assessed":62,"not_assessed":0,"complete":false,"by_state":{"value_present":29,"not_reported":0,"unresolved":62,"not_assessed":0,"not_applicable":0,"withheld":0,"source_unavailable":0}}},"presentation_version":"50f32db8eab5df85169321da68ca6ff66cbd973f7f56e4b4d46e122beaa0fe73"}
