From innovation to accountability: Why facial recognition technology requires a governance approach

The implementation of facial recognition technology in a customer setting is a high-stakes endeavour. In recent times, high profile businesses have faced criticism and regulator scrutiny for using facial recognition technology with customers as part of its business operations. 

Over the past five years, administrative decisions and regulator guidance have signalled a need for a robust governance first approach to the implementation of facial recognition technology. 

This presentation will provide an overview of the key takeaways and lessons learnt from the Information Commissioner and Administrative Review Tribunal’s decisions over the past five years. Plus, how those lessons and other regulator guidance can be used to inform a defensible governance framework for high impact technologies.

This presentation will cover the following areas:

• Highlight the importance of adopting a robust governance framework for the adoption and use of high impact technologies such as facial recognition systems.
• A particular focus will be given to the importance of a privacy first governance approach given the Information Commissioner’s scrutiny of facial recognition technology.
• The use and adoption of facial recognition technology is a sensitive issue given the invasive nature of the technology and use of biometric information. As such, use of the technology faces public and regulatory scrutiny. If the technology is not adopted and rolled out in a compliant manner, businesses have faced (and will likely continue to face) regulatory scrutiny. Cases such as 7-Eleven, The Good Guys, Bunnings and Kmart all demonstrate the level of scrutiny and regulatory action a business may face if it does not comply with privacy law when implementing facial recognition technology in a customer facing setting.
• Step through recent cases over the past five years that consider the use of facial recognition technology, highlighting key takeaways and lessons learned from these cases to inform a governance framework.
• Address the NSW Code of Practice: Facial Recognition Technology for Hotels and Clubs to illustrate how facial recognition technology may be implemented in a defensible, governance first approach.
• Focus on privacy law and how a governance first approach, informed by privacy law, will enable businesses to implement facial recognition technology in a defensible manner to withstand regulatory criticism.
• Outline the key features of the governance framework.
• Highlight the benefits of adopting a governance first approach, being maintaining customer and community trust, having a defensible approach to the implementation of facial recognition technology and demonstrating privacy law compliance if the regulator investigates.
• Conclude there is enough publicly accessible, authoritative guidance to draw upon to conclude that a governance first approach to the adoption and use of facial recognition technology is a commercial and legal imperative.
• The presentation will conclude by summarising the key benefits to this approach and allow time for Q&A.

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