The AFR is reporting that Kmart will likely be found to have breached Australia’s Privacy Act over its use of facial recognition at 28 stores between June 2020 and July 2022.

The Office of the Australian Information Commissioner (OAIC) is set to rule that customers were not properly notified or asked for consent before their biometric data was captured.

The regulator is also understood to have considered the technology ineffective in reducing refund fraud, while impacting the privacy of thousands of shoppers who were not suspected of wrongdoing.

Kmart paused the program in 2022 after investigations began. It is expected the retailer will be ordered not to reinstate the technology and to publish details of the ruling on its website within a set period

That noted, the commissioner has

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