The Times Australia
The Times World News

.
Times Media

.

Facial recognition is on the rise – but the law is lagging a long way behind

  • Written by Mark Andrejevic, Professor, School of Media, Film, and Journalism, Monash University, Monash University
Facial recognition is on the rise – but the law is lagging a long way behind

Private companies and public authorities are quietly using facial recognition systems around Australia.

Despite the growing use of this controversial technology, there is little in the way of specific regulations and guidelines to govern its use.

Spying on shoppers

We were reminded of this fact recently when consumer advocates at CHOICE revealed[1] that major retailers in Australia are using the technology to identify people claimed to be thieves and troublemakers.

There is no dispute about the goal of reducing harm and theft. But there is also little transparency about how this technology is being used.

CHOICE found that most people have no idea their faces are being scanned and matched to stored images in a database. Nor do they know how these databases are created, how accurate they are, and how secure the data they collect is.

As CHOICE discovered, the notification to customers is inadequate. It comes in the form of small, hard-to-notice signs in some cases. In others, the use of the technology is announced in online notices rarely read by customers.

The companies clearly don’t want to draw attention to their use of the technology or to account for how it is being deployed.

Read more: Bunnings, Kmart and The Good Guys say they use facial recognition for 'loss prevention'. An expert explains what it might mean for you[2]

Police are eager

Something similar is happening with the use of the technology by Australian police. Police in New South Wales, for example, have embarked on a “low-volume” trial[3] of a nationwide face-recognition database. This trial took place despite the fact that the enabling legislation for the national database has not yet been passed.

In South Australia, controversy over Adelaide’s plans to upgrade its CCTV system with face-recognition capability led the city council to vote[4] not to purchase the necessary software. The council has also asked South Australia Police not to use face-recognition technology until legislation is in place to govern its use.

However, SA Police have indicated[5] an interest in using the technology.

In a public statement[6], the police described the technology as a potentially useful tool for criminal investigations. The statement also noted:

There is no legislative restriction on the use of facial recognition technology in South Australia for investigations.

A controversial tool

Adelaide City Council’s call for regulation is a necessary response to the expanding use of automated facial recognition.

This is a powerful technology that promises to fundamentally change our experience of privacy and anonymity. There is already a large gap between the amount of personal information collected about us every day and our own knowledge of how this information is being used, and facial recognition will only make the gap bigger.

Recent events suggest a reluctance on the part of retail outlets and public authorities alike to publicise their use of the technology.

Read more: Large-scale facial recognition is incompatible with a free society[7]

Although it is seen as a potentially useful tool, it can be a controversial one. A world in which remote cameras can identify and track people as they move through public space seems alarmingly Orwellian.

The technology has also been criticised for being invasive and, in some cases, biased[8] and inaccurate. In the US, for example, people have already been wrongly arrested[9] based on matches made by face-recognition systems.

Public pushback

There has also been widespread public opposition to the use of the technology in some cities and states in the US, which have gone so far as to impose bans[10] on its use.

Surveys show the Australian public have concerns[11] about the invasiveness of the technology, but that there is also support for its potential use to increase public safety and security.

Facial-recognition technology isn’t going away. It’s likely to become less expensive and more accurate and powerful in the near future. Instead of implementing it piecemeal, under the radar, we need to directly confront both the potential harms and benefits of the technology, and to provide clear rules for its use.

What would regulations look like?

Last year, then human rights commissioner Ed Santow called for a partial ban[12] on the use of facial-recognition technology. He is now developing model legislation for how it might be regulated in Australia.

Any regulation of the technology will need to consider both the potential benefits of its use and the risks to privacy rights and civic life.

It will also need to consider enforceable standards for its proper use. These could include the right to correct inaccurate information, the need to provide human confirmation for automated forms of identification, and the setting of minimum standards of accuracy.

They could also entail improving public consultation and consent around the use of the technology, and a requirement for the performance of systems to be accountable to an independent authority and to those researching the technology.

As the reach of facial recognition expands, we need more public and parliamentary debate to develop appropriate regulations for governing its use.

Read more: Darwin's 'smart city' project is about surveillance and control[13]

If you’re in Adelaide, there will be a public forum on regulating facial recognition technology at the Town Hall tonight[14] (Monday, June 27). Ed Santow and his colleague Lauren Perry will present their model legislation, and they will be joined in discussion by South Australian parliamentarian Tammy Franks and Law Society of South Australia president Justin Stewart-Rattray.

References

  1. ^ revealed (www.choice.com.au)
  2. ^ Bunnings, Kmart and The Good Guys say they use facial recognition for 'loss prevention'. An expert explains what it might mean for you (theconversation.com)
  3. ^ trial (www.theguardian.com)
  4. ^ vote (www.abc.net.au)
  5. ^ indicated (www.abc.net.au)
  6. ^ statement (www.itnews.com.au)
  7. ^ Large-scale facial recognition is incompatible with a free society (theconversation.com)
  8. ^ biased (www.marketplace.org)
  9. ^ wrongly arrested (www.wired.com)
  10. ^ bans (www.wired.com)
  11. ^ concerns (securitybrief.com.au)
  12. ^ a partial ban (www.itnews.com.au)
  13. ^ Darwin's 'smart city' project is about surveillance and control (theconversation.com)
  14. ^ tonight (www.eventbrite.com.au)

Read more https://theconversation.com/facial-recognition-is-on-the-rise-but-the-law-is-lagging-a-long-way-behind-185510

The Times Features

HCF’s Healthy Hearts Roadshow Wraps Up 2024 with a Final Regional Sprint

Next week marks the final leg of the HCF Healthy Hearts Roadshow for 2024, bringing free heart health checks to some of NSW’s most vibrant regional communities. As Australia’s ...

The Budget-Friendly Traveler: How Off-Airport Car Hire Can Save You Money

When planning a trip, transportation is one of the most crucial considerations. For many, the go-to option is renting a car at the airport for convenience. But what if we told ...

Air is an overlooked source of nutrients – evidence shows we can inhale some vitamins

You know that feeling you get when you take a breath of fresh air in nature? There may be more to it than a simple lack of pollution. When we think of nutrients, we think of t...

FedEx Australia Announces Christmas Shipping Cut-Off Dates To Help Beat the Holiday Rush

With Christmas just around the corner, FedEx is advising Australian shoppers to get their presents sorted early to ensure they arrive on time for the big day. FedEx has reveale...

Will the Wage Price Index growth ease financial pressure for households?

The Wage Price Index’s quarterly increase of 0.8% has been met with mixed reactions. While Australian wages continue to increase, it was the smallest increase in two and a half...

Back-to-School Worries? 70% of Parents Fear Their Kids Aren’t Ready for Day On

Australian parents find themselves confronting a key decision: should they hold back their child on the age border for another year before starting school? Recent research from...

Times Magazine

Sesame Street supports emotional wellbeing in young children

SESAME WORKSHOP ANNOUNCES MULTI-YEAR COMMITMENT TO THE EMOTIONAL WELL-BEING OF YOUNG CHILDREN AND FAMILIES Sesame Workshop, the nonprofit educational organisation behind Sesame Street, has announced a new focus on the emotional well-being of yo...

Tony Potts: Celebrating a Legacy of Iconic Photography

Art + Gallery at Potts Point will present a much-anticipated exhibition from 8 to 21 this November, showcasing the extraordinary work of renowned fashion and fine art photographer Tony Potts. This exclusive showing will offer a rare glimpse into ...

Skullcandy's New Skull-iQ Earbuds have one big advantage over key competition

Easy-to-Use, Voice-Driven Technology Platform Debuts With The All-New Push Active True Wireless And Grind True Wireless Earbuds, Unlocking A Range of Hands-Free Audio Experiences   Skullcandy®, the original lifestyle audio brand, announced to...

The Benefits of Collaborative Family Law for Amicable Resolutions

Looking to resolve their disputes outside of court often find themselves exploring various options to reach a peaceful resolution. Whether it involves co-parenting arrangements, financial settlements, or future planning, there are methods designe...

Take a Spin on a Pair of Yellow Roller Skates

History of Yellow Roller Skates Roller skates have been a popular form of transportation since the late 1700s and have seen many design changes over the years. One of the most iconic designs is that of yellow roller skates, which have become a bel...

Sydney Design Week 2024

How can design push boundaries to support sustainable models for living, connection and culture? Sydney Design Week 2024 brings together visionary designers, architects and artists who are creating space for alternative futures. Powerhouse has toda...