This week, Liquor & Gaming NSW (L&GNSW) opened a public consultation period and invites submissions on the next stage of gaming reforms in NSW. The proposed changes include the introduction of mandatory facial recognition technology in NSW hotels and clubs with gaming machines.
The objective of these changes is to support harm minimisation efforts ‘by removing the guesswork’ of identifying excluded patrons and support the effectiveness of a statewide exclusion register – another key legislative reform. But what exactly does it mean? And how will it affect you and your privacy?
Facial recognition technology is a system that can match the features of a human face based on a live image taken in real time against an existing image stored in a digital database. To date, the use of this technology in hotels and clubs in Australia has been industry-led with large variations in the extent and capability of the implemented programs. In NSW, the Star and Crown Sydney both currently use facial recognition technology for security, compliance and business purposes, the use of which is disclosed in their respective privacy policies. The reforms will centralise facial recognition technology and introduce uniformity to the uses, capabilities and regulation of it by placing it under government control.
L&GNSW has developed a Draft Code of Practice for the use of facial recognition technology, which mandates minimum standards for hotels and clubs using this technology. Feedback is sought particularly in respect to:
- The purposes for which facial recognition information is used in hotels and clubs (self-exclusion vs third-party exclusion and money laundering)
- The manner in which consent is to be obtained from venue patrons (express, or through signage)
- Installation requirements for facial recognition technology (such as prior approval of systems, which venues should be required to install the technology, and the location of cameras)
- Data security measures
- The accuracy of the technology and avoiding inherent biases
- The role of venue staff
Privacy has been a hot button issue as of late, with upcoming reforms to the Privacy Act 1988 (Cth) and the recent findings that Bunnings Group breached individuals’ privacy through their use of similar facial recognition technology.[1] Facial biometric data is considered ‘sensitive information’ under the Act and therefore attracts a higher standard of protection than other personal information. The Government is reportedly developing robust parameters to accompany the reforms to ensure that individual privacy is protected, and that hotels and clubs can only use the technology for the purpose of identifying excluded patrons.
You can find L&GNSW’s media release here. You can read the Consultation Paper and make submissions here.
For more information about these reforms and how they may affect you, please contact Jamie Nettleton, Lachlan Gepp or Cate Sendall from the Addisons Gaming & Gambling team.