Regulations for facial recognition technology

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AUSTRALIA (Commonwealth Union)_The use of facial recognition technology has drawn much concern from the public with fears of overreach and violations of privacy.

A University of Technology Sydney (UTS) Human Technology Institute report has put forward a model law to address threats to Australians’ privacy and other human rights. The UTS calls for a model law for facial recognition technology to prevent any harmful use of the technology and also bring about innovation for public benefit. 

Australian law has presently not taken into consideration the widespread use of facial recognition technology. The UTS Industry Professors Edward Santow and Nicholas Davis, led a report proposing reform to update the law, especially to factor in threats to Australian individuals’ privacy and other human rights.

Professor Santow, the former Australian Human Rights Commissioner and now Co-Director of the Human Technology Institute said: “When facial recognition applications are designed and regulated well, there can be real benefits, helping to identify people efficiently and at scale. The technology is widely used by people who are blind or have a vision impairment, making the world more accessible for those groups.”   

Professor Santow further stated that the report suggests a risk-based model law for facial recognition and stated that the initial phase must make certain facial recognition is produced and used in a way that sustains individuals basic human rights.

Researchers also point out how facial recognition and other remote biometric features have seen rapid expansion in the recent past, raising concerns about privacy, mass surveillance and unfairness that people can be subjected to, especially by people of color and women, when the technology goes wrong.

In June 2022, a CHOICE inquiry demonstrated that several major Australian retailers had put in place facial recognition technology to identify customers entering their stores, bringing about considerable community alarm and calls for improved regulation.  Reforms to facial recognition law has support across communities both in Australia and globally.

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