Released today, Facial recognition technology: Towards a model law responds to calls for legal reform from leading voices in civil society, the private sector, government and academic experts. It would govern all uses of facial recognition technology across Australia – by companies, non-profit organisations and public sector bodies, including law enforcement.
The use of facial recognition technology is growing exponentially – in Australia and around the world.
Many of us will have experienced facial recognition technologies directly when unlocking a smartphone, while organising photos of friends and family or at passport control. But we may not have noticed it monitoring us in the workplace, when entering a club, or being assessed by law enforcement during a police operation in a public place.
Facial recognition can make our lives more convenient. But regulatory failure has left our community vulnerable to its more harmful uses – ranging from constant surveillance, to discrimination and even unlawful arrest.
The Model Law proposed by the Human Technology Institute would fill this legal gap.
The Model Law recommends reform to modernise our laws to address threats to Australians’ privacy and human rights. Key elements of the proposed model law include:
- a risk-based legislative approach grounded in international human rights law
- the requirement for anyone developing or deploying facial recognition in Australia to conduct a facial recognition impact assessment (FRIA)
- legal requirements or restrictions based on the risk level of each facial recognition use case
- harmonised rules across federal, state and territory governments
- oversight and review by a national regulator
Australia needs a dedicated facial recognition law. This report urges the Federal Attorney-General to lead this pressing reform process so that our laws protect against harmful uses of facial recognition, while also fostering innovation for public benefit.
You can read the full report here.
