Privacy Commissioner Comments On FRT Trial

commissioner

Privacy Commissioner Michael Webster has evaluated the results of Foodstuff North Island’s trial of Facial Recognition Technology (FRT).

To better understand its privacy impacts and compliance with the Privacy Act, the Commissioner announced his Inquiry into FRT use in 25 supermarkets in April this year after Foodstuffs North Island sought to use FRT to help reduce retail crime.

The inquiry involved working with Foodstuffs staff in the head office and visiting ten stores by the Office of the Privacy Commissioner staff. The visits helped clarify how this technology practically works in stores and what results are being seen.

“Like everyone, we want people to be safe as they shop or work. My interest is also ensuring that customers can shop with a clear understanding of how and when their personal information is being collected and used so that they can make choices based on that”.

The Office of the Privacy Commissioner will review its data alongside the results from the independent evaluator who designed and oversaw the trial.

A vital aspect of the Commissioner’s Inquiry has been ensuring that FRT complies with the Privacy Act and that Foodstuffs North Island's privacy and data protection safeguards and controls can manage privacy risks.

Regardless of what information-collecting technology is used, it still requires human action. Store staff still need to approach customers they think have been stealing. People have emotional, sometimes violent reactions, and technology won’t change that.

The Commissioner stated at the trial's announcement that he had concerns about racial bias and how the use of FRT might impact Māori, Pasifika, Indian, and Asian shoppers, mainly because the software was not trained on New Zealand’s population. Examining how the use of FRT in trial stores impacts these shoppers is part of the assessment.

“The retail sector has always innovated to keep customers safe because often greater customer trust equals a strong brand, which equals more sales. I’m not saying don’t innovate; instead, let’s be clear about the consequences of the technology you’re choosing before you go ahead,” said Webster.

“I know from our latest privacy survey of New Zealanders that they’re more concerned about privacy issues than they were two years ago. Almost half (49 percent) had concerns about using FRT in retail stores to identify individuals, and 82 percent wanted the right to ask a business to delete their personal information.

He said that New Zealanders were aware and cared about their privacy. They wanted to own and control their sensitive and personal information.

“At the start of the trial, we didn’t know whether FRT would do what the stores wanted because the evidence wasn’t clear. I need to know whether the trial has significantly impacted the incidence of serious retail crime compared with other less privacy-intrusive options. My review of the information we’ve collected and the independent evaluator’s report will likely clarify that and give New Zealanders a clear idea of the way forward.”

The Commissioner expects to announce his findings before the end of this year.