#148 OAIC v Bunnings - Green light for a facial recognition free for all?

In this episode we explore the implications of an Administrative Review Tribunal ruling that Australian retailer Bunnings was reasonably entitled to use facial recognition technology (FRT) to combat crime and staff abuse in its stores.

The ruling comes after a protracted dispute, with Bunnings appealing a 2024 determination by Privacy Commissioner Carly Kind that it had breached privacy laws in using FRT to scan customers' faces without their consent.

We break down the legal intricacies and justifications for the decision, and explore the impact it might have on FRT adoption more widely.
Links:
Article about the Administrative Review Tribunal ruling (ABC) https://www.abc.net.au/news/2026-02-05/bunnings-wins-ai-facial-recognition-tech-fight/106309308
ART ruling https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/ARTA/2026/130.html
OAIC statement https://www.oaic.gov.au/news/media-centre/oaic-statement-on-administrative-review-tribunals-bunning…
Bunnings statement https://media.bunnings.com.au/api/public/content/51f48a5bef0748109f7b52607bdfbd06?v=9b52aa2c&_gl=1*…
Analysis of ruling (The Conversation) https://theconversation.com/bunnings-decision-may-open-door-to-facial-recognition-surveillance-free…
Analysis of ruling (The Guardian) https://www.theguardian.com/australia-news/2026/feb/05/bunnings-given-green-light-to-use-facial-rec…

Credits:
Editing and post-production by Martin Franklin (East Coast Studio) www.eastcoaststudio.com.au
Music by Bensound.com