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AustraliaRetail and e-commerce2020–2025

Kmart Australia

Facial recognition at store entrances and returns counters to catch refund fraud

Australian Privacy Commissioner finds Kmart's facial recognition in 28 stores broke privacy law

StoppedRegulator, audit or court

Problem

From June 2020 to July 2022 Kmart captured and analysed the faces of everyone entering 28 stores and everyone at returns counters. It did not tell shoppers or ask consent.

Approach

The Commissioner found the collection disproportionate. It hit many thousands of people not suspected of fraud, less intrusive methods existed and the system had limited use against refund fraud. Kmart stopped the system in July 2022 when the investigation began. The determination is under review at the Administrative Review Tribunal.

Results

28Kmart stores where the facial recognition system ran between June 2020 and July 2022Regulator, audit or court[1]

Takeaway

The Commissioner found the scanning disproportionate because it affected customers not suspected of fraud and less intrusive methods existed.

Categories

Innovation type
Process innovation
AI technology
Computer vision
Evidence
Regulator, audit or court

Sources

  1. Kmart's use of facial recognition to tackle refund fraud unlawful, Privacy Commissioner finds
    Office of the Australian Information Commissioner18 Sep 2025Regulator, audit or court document

Source summaries

[1]Office of the Australian Information Commissioner18 Sep 2025

The Commissioner found Kmart's facial recognition disproportionate because it captured customers not suspected of fraud and less intrusive methods existed. Kmart stopped using it in July 2022.

Full details are in the original sources.

Added 25 Oct 2026 · Updated 25 Oct 2026
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