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John MacDonald: Privacy Commissioner says facial recognition's okay, but...

Author
John MacDonald,
Publish Date
Wed, 4 Jun 2025, 1:15pm
 Photo / Mark Baker
Photo / Mark Baker

John MacDonald: Privacy Commissioner says facial recognition's okay, but...

Author
John MacDonald,
Publish Date
Wed, 4 Jun 2025, 1:15pm

I am really torn. Because when it comes to facial recognition technology, I’ve always been of the view that if you’re not doing anything wrong, there’s nothing to worry about.  

But, at the risk of sounding like I’m going a bit “civil liberties” on it, I’m starting to change my tune a bit.    

Which I’ll admit is a bit weird considering the Privacy Commissioner has announced that he’s all good with the facial recognition trial that Foodstuffs supermarkets have been doing in the North Island.  

But what’s making me feel uneasy is the potential for this tick of approval from the Privacy Commissioner to be seen as a licence for anyone and everyone to use facial recognition however they want.  

Because there’s an outfit in Christchurch —which isn’t a supermarket— using facial recognition technology right now. Which shows why the Privacy Commissioner is also saying that, as well as the Foodstuffs trial being all good, we need to tread carefully with how this technology is used.  

He’s not saying it outright, but I think we’re on a slippery slope if we don’t make sure there are better legal safeguards in place to make sure businesses and organisations —and individuals too possibly— don’t start using facial recognition however and wherever they want.  

So that we don’t look up in two years’ time and realise that we’ve got a runaway train on our hands. 

Which is why I don’t think Michael Webster giving his tick of approval for what Foodstuffs North Island has been doing —saying that it complies with the Privacy Act— is the be-all and end-all.  

I know you would think that it might reassure me that I’ve been on the right track thinking that only people breaking the law need to be worried about facial recognition technology.   

But I’m not so sure.   

Because it’s not just supermarkets in the North Island giving facial recognition a go. The Richmond Club, in Christchurch, is also using it. 

I’ve seen a photo of a poster on the wall at the Richmond Club telling users of its pokie machines that it’s trialling facial recognition software to help it keep an eye on problem gamblers.  

The sign says: “The Richmond Club is currently trialling facial recognition software - however, this is only in the gaming room.” 

The poster says: “Such footage is used in conjunction with our CCTV surveillance cameras and other publicly-available sources of imagery to assist in identifying individuals for a variety of reasons.”  

And it goes on to say that it’s all about identifying problem gamblers and that all footage is destroyed when someone who has been playing the machines leaves the room.  

The person who sent me this photo said they spoke to half of the people in the gaming room at the time and none of them were aware that facial recognition was being used, despite the sign on the wall. And they didn’t like the sound of it.  

Which I can understand.   

Because using pokie machines isn’t illegal. Even though I can’t stand pokie machines, they’re not illegal. Just like having a gambling problem isn’t illegal.  

Stealing stuff from a supermarket is illegal, but going and playing the pokies on a Saturday afternoon isn’t.   

Yes, the Richmond Club is legally obliged to look out for problem gamblers, but does it need facial recognition to do that? There’s no doubt it’s probably very useful, but I reckon the club could easily look out for people without facial recognition.   

And I would, generally, say that using facial recognition to track people doing anything that isn’t illegal, is not what it should be used for.  

I heard the Privacy Commissioner Michael Webster saying this morning that people are, generally, happy for it to be used to try and stop crime. But at the same time, people are concerned about it being misused.  

He referred to a survey his office did which found that two thirds of people are happy to see increased use of facial recognition if it reduces theft and enhances personal safety.  

But it also found that 49% of people are concerned or very concerned about facial recognition technology being mis-used.  

These survey findings also said that 64% of people are concerned about not being told about or agreeing to the use of facial recognition technology.  

So the Richmond Club in Christchurch is ticking the box on that front, with the poster on the wall telling people that it’s trialling facial recognition in the gaming room.   

But I think we’re in real danger of this technology being used in ways that most of us would consider to be over the top. 

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