Parliamentary committee rejects facial recognition bill

The Morrison Government’s plans to implement a facial recognition scheme that endangered rights to privacy have been thwarted after a parliamentary review. 

The Parliamentary Joint Committee on Intelligence and Security which was charged with reviewing the Identity-matching Services Bill 2019 has rejected the proposed law. 

Emily Howie, a Legal Director at the HRLC, said the Committee has asked for the proposed law to be rewritten and built around the principles of privacy, transparency and with robust oversight. 

“The Committee has sent the Minister back to the drawing board, asking for proper protections for our rights. This is an important step in protecting all of us from the government’s proposed facial recognition scheme. The proposal was dangerously overbroad, lacked basic safeguards and threatened to dramatically alter the freedom of ordinary people going about their daily lives,” said Ms Howie.

Facial recognition technology has been banned in three US cities, including San Francisco, the home of Silicon Valley, on the basis that the risk to civil rights and liberties outweighs the benefits, it exacerbates racial injustice and it threatens peoples’ ability to live free of continuous government monitoring. 

“Whilst there are some beneficial uses of facial recognition technology, the Government is on notice that the technology is inaccurate, discriminatory and that it has the potential to lead to intrusive monitoring of all of us all of the time. The Government now has an opportunity to introduce laws to properly govern and strictly limit the use of facial recognition, consistent with human rights and civil liberties,” said Ms Howie. 

The stalling of the Federal Bill does not impact the use of live facial recognition technology at local and State levels. Live facial recognition has reportedly been used covertly by a Perth Council and Stadiums Queensland

“This technology is being introduced by stealth without proper safeguards for our rights. We urgently need a public discussion about how and when facial recognition technology is appropriate in a democratic society that values privacy, rights and freedoms,” said Ms Howie.

Ms Howie said the trend of governments adopting more intrusive surveillance systems was another reminder of the need to create an Australian Charter of Human Rights. 

“The discussion about creating an Australian Charter of Human Rights and Freedoms is long overdue. A Charter would benefit the whole community in a range of ways, including by helping to prevent unfair intrusions into people’s private lives,” said Ms Howie.