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Choice Retailers Scare Campaign, Lacks Substance & Key Details

So called consumer watchdog Choice has made claims that retailers are “secretly” capturing the faces of their customers without their knowledge, however they have failed to identify which software the retailers are using to photo match social media data with their own security camera data.

Choice’s data advocate Kate Bower said almost 80 per cent of Australians where not aware retailers were capturing their facial features in this way and that it was similar to “collecting your fingerprints or DNA every time you shop”.

This is the same consumer watch dog group who made claims about Samsung washing machines and house fires that later proved were inaccurate.

Retailers have told ChannelNews that they have been filming visitors to their stores for “decades” and that most consumers know that retail stores such as Harvey Norman, JB Hi Fi, Bunnings, The Good Guys and the likes of Kmart and Target use security cameras in store.

Choice claims that they examined 25 of the country’s biggest retailers and revealed Bunnings, The Good Guys and Kmart have been analysing CCTV footage to create profiles or “face prints” of their customers, including children, without their knowledge.

However, they failed to nominate the software being used to create the so-called face print.

Earlier this year we revealed that Australian led Company Clearview AI was been handed a $13.3 million fine by the UK privacy watchdog following a joint investigation with its Australian counterpart.

Clearview AI sells a facial recognition app which allows users to upload a photo of an individual and have it matched with images in the company’s database.

The images Clearview AI uses are openly available online with the Company using software to scrape Facebook, Google, LinkedIn, Instagram, and several other publicly available apps.

Bunnings chief operating officer Simon McDowell said the technology that the Wesfarmers owned business is using was only used to keep staff and customers safe and appropriate notice had been provided.

Choice who are hyping the situation to gain publicity, have failed to say whether retailers are identifying a consumer when they pay for goods with a credit card or supply their details to a retailer

Clearview AI have access to least three billion photos which in the past Australian police forces have trialled in an effort to solve crimes.

Bower claims “Businesses using invasive technologies to capture their customers’ sensitive biometric information is unethical and is a sure way to erode consumer trust,” she said.

Bower admitted that retailers’ signs at the entrance of their stores highlighting their privacy policy the same retailers also made the policy available online, Bower claims that this information is “Insufficient”.

“Discreet signage and online privacy policies are not nearly enough to adequately inform shoppers that this controversial technology is in use” she claims.

Channel News has asked Choice for the answer to two key questions.

Please can you identify which software retailers are using to photo match images captured in their stores?

Are you saying that retailers such as Bunnings are buying software access to cross match what security cameras in their stores have been picking up for decades?

Choice has referred the offending retailers to the Office of the Australian Information Commissioner to investigate potential breaches of the Privacy Act and is lobbying the government to implement a regulatory framework to protect consumers from harmful and unfair practices.

Choice has not said whether they find security cameras that are used widely in stores are “intrusive”,

Bower claims, “With the government currently undergoing a review of the Privacy Act, now is the perfect time to strengthen measures around the capture and use of consumer data, including biometric data,” Bower said.

She has failed to address the issue that sees consumers openly putting data about themselves for public scrutiny on social media, for all to see and capture, and the matching of this data with images captured in public locations such as retail stores and shopping malls.

Simon McDowell from Bunnings said, “We’ve seen an increase in the number of challenging interactions our team have had to handle …This technology is an important tool in helping us to prevent repeat abuse of team and customers,” he said.

McDowell disagreed with Choice’s determination the company had breached the Privacy Act.

“Our use is solely for the purpose of preventing threatening situations and theft, which is consistent with the Privacy Act.

“We let customers know if the technology is in use through signage at our store entrances and also in our privacy policy, which is available on our website.”

The Office of the Australian Information Commissioner (OAIC) found that Clearview’s “indiscriminate and automated” collection of sensitive biometric information of Australians on a “large scale, for profit” breached Australian privacy laws.

Despite this the AIC has failed to initiate action to prosecute the Company.

The privacy watchdog also found that the AFP had breached privacy rules in using Clearview by not properly assessing the risks associated with it.



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