Facial recognition technology: Towards a model law

Facial recognition technology is growing exponentially – in Australia and around the world. Yet, our laws were never drafted with this reality in mind.

In September 2022, the Human Technology Institute published a world-leading report, outlining a Model Law for facial recognition. This report responds to growing calls for reform from leading voices in civil society, the private sector, government and academic experts. Our law should protect against harmful uses of facial recognition, while also fostering innovation for public benefit.

Many of us will have experienced facial recognition unlocking a smartphone, organising photos of friends and family, in home security systems, at passport control, and in monitoring and surveillance by employers and law enforcement. While facial recognition is primarily used to identify an individual or to verify that they are who they claim to be, it is increasingly being used also to assess characteristics, such as a person’s age, gender or even emotions.

This report recommends reform to modernise our law, especially to address threats to Australians’ privacy and other human rights. It takes a risk-based legislative approach grounded in international human rights law. This also means that the reform principles set out in this report are applicable to other, comparable jurisdictions.

Australia needs a dedicated facial recognition law. This report urges the Federal Attorney-General to lead this pressing and important reform process.

In February 2023, the Federal Attorney-General’s Privacy Act Review report referred positively to HTI’s Facial Recognition Model Law as a way of striking the right balance, endorsing, in principle, a risk assessment approach to regulating facial recognition and other biometric technologies.

In its submission to the Attorney-General’s consultation on the Privacy Act Review report, HTI again calls for immediate action on dedicated regulation for facial recognition technology.

Facial recognition technology: Towards a model law

Read our media release: New report offers blueprint for regulation of facial recognition technology

Learn more about the process for researching and developing the model law.

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Acknowledgement of Country

UTS acknowledges the Gadigal people of the Eora Nation, the Boorooberongal people of the Dharug Nation, the Bidiagal people and the Gamaygal people, upon whose ancestral lands our university stands. We would also like to pay respect to the Elders both past and present, acknowledging them as the traditional custodians of knowledge for these lands.