Assess a retail facial recognition collection against the sensitive information rules

Key facts

Human involvement
YellowClose supervision
How AI is used
From the system description the lawyer supplies, build an issues table on the consent pathway and on the two exception pathways the guide treats as most relevant: required or authorised by an Australian law or a court or tribunal order, and a permitted general situation where consent is unreasonable or impracticable. Note that a brief capture, including an image held only in memory, is still a collection, and that a vendor does not move responsibility. The tool does not decide the lawful basis and writes nothing that is published.
What the lawyer must review
The lawyer decides whether collection is reasonably necessary and whether consent or an exception is available, and writes any notice, policy wording or assessment that is used.
Written for / version
US

Open a jurisdiction version of this task to see which instruments apply: US

Who does what

Who does what
RoleWhat they do
AssistanceFrom the system description the lawyer supplies, build an issues table on the consent pathway and on the two exception pathways the guide treats as most relevant: required or authorised by an Australian law or a court or tribunal order, and a permitted general situation where consent is unreasonable or impracticable. Note that a brief capture, including an image held only in memory, is still a collection, and that a vendor does not move responsibility. The tool does not decide the lawful basis and writes nothing that is published.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Treat a facial template used for automated identification or verification as sensitive information, and do not treat signage or an opt-out as consent.
  2. Test reasonable necessity against less intrusive alternatives. Convenience or cost does not establish it.
  3. Flag the privacy-policy requirement to refer specifically to facial recognition, and the further policy information required from 10 December 2026 where a computer program makes a decision of the kind the guide describes. The lawyer decides the basis.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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