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WF-04DJR8

Kmart's facial recognition system for refund fraud found unlawful by Privacy Commissioner

Kmart Australia deployed facial recognition technology in 28 stores from June 2020 to July 2022, capturing biometric data of every customer entering the stores and those at returns counters to detect refund fraud. The system collected sensitive information without notifying customers or obtaining their consent. The Australian Privacy Commissioner found that Kmart breached the Privacy Act, as the exemption for unlawful activity did not justify the indiscriminate and disproportionate collection of biometric data from thousands of individuals. Kmart has ceased using the system and cooperated with the investigation.

Date it happened
2020-06-01
Organisation involved
Kmart Australia Limited
Where this came from
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Attribution

This incident was imported from oaic.gov.au. Our additions to it — the structured fields, the translation, the checks against other reports — are published under the same licence.

This is a record of what was reported, not a finding that anyone broke the law. If it names your organisation and you believe it is wrong, the corrections process is free and open to everyone.