Consumer group expresses concern about use of facial recognition technology at major Australian stadia

July 6, 2023

An analysis by consumer group CHOICE of security operations being used at major concert venues and sporting events around Australia has revealed that facial recognition technology is being deployed, largely without consumers' knowledge or consent.

CHOICE has today advised an analysis that it undertook into the privacy policy and conditions of entry statements of 10 stadiums and stadium operators around Australia, finding that many allowed for facial recognition to be used.

Facial recognition technology involves the use of cameras to collect individuals’ biometric data - their unique 'faceprint' - which is often then matched to a database.

Because of the unique nature of the biometric information, it is considered "sensitive data" under privacy legislation.

CHOICE's consumer data advocate Kate Bower says any entities using facial recognition technology (FRT) need, at a minimum, to be upfront with customers about where and why it is being used and whether the data is being shared or stored.

Bower advised "I think one of the main problems from a consumer's perspective is that they don't know when facial recognition is being used and then when they are told that it is being used, it's very deep in some conditions of entry or privacy policy. They often don't find out about it until after they've already bought a ticket.

"But then even when they do find out, they have no idea what it's being used for, they've got no idea how long their information is stored, how securely it's stored. The consumers don't really have a choice."

Well known stadiums, including Brisbane’s Suncorp Stadium and the Gabba, the Melbourne Cricket Ground and Sydney’s Allianz Stadium and SCG state in their conditions of entry that FRT is in use.

Looking at the privacy policy and conditions of entry statements venues, CHOICE found many allowed for facial recognition to be used.

The MCG's conditions of entry advise "patrons consent to the collection of biometric information (including biometric templates) for what is reasonably necessary for one of the MCG's functions or activities".

The website of venue operator ASM Global includes a privacy policy which says its venues have the right to collect "biometric data" including "images from facial recognition systems operated at venues (if any)".

At Sydney’s Qudos Bank Arena, digital signage advising of the use of facial recognition technology iss displayed in addition to traditional signs at all external entry points.

Dr Katharine Kemp from the Faculty of Law and Justice at the University of New South Wales has done research on data broking in Australia highlights that promoter TEG, which owns Ticketek, has signed lucrative contracts to provide ‘data enrichment’ with the likes of FlyBuys, NewsCorp and Seven West Media. Data enrichment is a process by which several companies share the data they have on a single customer in order to build larger and more in-depth profiles of spending and behavioural habits.

In a 2018 article in the Australian Financial Review, then TEG Chief Technology Officer Matt Cudworth pointed out that FRT would be in place at major venues in Australia within five years and that the move would provide data opportunities for the company.

He advised, “we won't be the owner of that technology (FRT), but we're a key participant and the line is blurring between what data gets shared between participants.”

Consent
Lauren Perry from the UTS Human Technology Institute says venue managers shouldn't be using FRT as a default approach, pointing out that this highlights a need for law reform.

Perry stated “we're talking here about semi-public places where community members, including a lot of children, gather and watch sports events and entertainment.

“In this context, the risks of using surveillance technologies to our civil and human rights really appear to outweigh any benefits to the sorts of security incidents you'd potentially be seeing at an event like a sporting match.”

In 2019, Queensland’s Privacy Commissioner questioned Stadiums Queensland’s trialling of facial recognition software at Brisbane’s Suncorp Stadium and the Gabba, expressing concern at the gathering of the date and it being shared with Queensland Police.

Image courtesy of CHOICE.

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