Arnotts Technology Lawyers

The Adelaide City Council has abruptly proposed legislation to ban South Australian police from using facial recognition technology on the state’s new CCTV network.

To upgrade its technological capabilities, South Australia has replaced its existing CCTV cameras with new capture technology. These new CCTV cameras feature a 360-degree view with the ability to capture faces, vehicle number plates, and perform low-light object tracing. The new CCTV cameras will be rolled out over the next 18 months and will be used by the South Australian police in the course of their duties. However, with unlimited access to facial recognition technology, local councillor Phil Martin, called for a temporary ban on access to facial recognition tech until a proper legislative framework was enacted.

The councillor’s decision is in line with the recent Australian Human Rights Commission report on privacy and facial recognition technology. There has been a sweeping movement across Australia that biometric and facial recognition technologies be temporarily paused whilst privacy legislation is reworked. This legislative upheaval is centred on individual privacy, human rights, the undue legal implications on the use of facial technology, and excessive use of police power. Despite this, South Australian police have been relying on facial recognition for the past 4 years in both the physical and digital space. Facial images have been used by the police on databases to identify criminals and people of interest in police investigations. Interestingly, a spokesperson for the South Australian police noted that the facial images on their databases are not of “regular citizens”. For members of the local community, it is difficult to trust the police and determine whether they are adhering to any internal policies or practices.

There is ample evidence to demonstrate the usefulness of facial recognition technology, especially by law enforcement. However, the same application of this technology may easily be misused without a concrete regulatory framework. Without data storage specifications or even scope as to use, facial recognition technology has the severe consequence of creating discourse and distrust in communities. Regulators and policymakers need to act now before Big Brother takes control.