Principled regulation of facial recognition technology: A view from Australia and New Zealand

Scholarly treatment of facial recognition technology (FRT) has focussed on human rights impacts with frequent calls for the prohibition of the technology. While acknowledging the potentially detrimental and discriminatory uses that FRT use by the state has, this chapter seeks to advance discussion on what principled regulation of FRT might look like. It should be possible to prohibit or regulate unacceptable usage while retaining less hazardous uses. In this chapter, we reflect on the principled use and regulation of FRT in the public sector, with a focus on Australia and Aotearoa New Zealand. The authors draw on their experiences as researchers in this area and on their professional involvement in oversight and regulatory mechanisms in these jurisdictions and elsewhere. Both countries have seen significant growth in the use of FRT, but regulation remains patchwork. In comparison with other jurisdictions, human rights protections, and avenues for individual citizens to complain and seek redress remain insufficient in Australia and New Zealand.