In this episode, privacy experts Richard Wells and Suzy McMillan take a close look at the use of facial recognition technology (FRT) in New Zealand. They evaluate a recent report from the Office of the Privacy Commissioner (OPC) on Foodstuffs North Island’s (Foodstuffs) FRT trial, highlighting key insights for organisations considering the future use of this technology.
[02:30] Suzy explains what FRT is and how it works by mapping and comparing facial features to create a biometric template for either verification (one-to-one matching) or identification (one-to-many matching), and how it’s applied in different contexts.
[04:00] Richard and Suzy discuss the privacy concerns associated with FRT, including mass surveillance, profiling, bias and accuracy, and cultural considerations under tikanga Māori. Suzy also highlights the OPC’s guidance that biometric information should be considered as sensitive personal information requiring a high standard of care.
[06:21] They consider the privacy safeguards implemented by Foodstuffs during their FRT trial to mitigate these risks including immediate deletion of unmatched facial data, strict watchlist criteria, exclusion of vulnerable individuals, decentralised systems, and human oversight to verify matches.
[09:33] Richard notes that Foodstuffs’ justification under IPP1 of the Privacy Act for using FRT was to reduce serious retail crime. Suzy then explains that the technology’s demonstrated effectiveness in relation to this, was a key factor in the OPC’s finding that the trial complied with the Privacy Act 2020, further supported by Foodstuffs’ strong emphasis on transparency and public engagement throughout its rollout.
[12:21] Suzy emphasises the OPC’s clear message and key finding, that the Foodstuffs trial report does not constitute a blanket approval for the use of FRT. They then discuss the OPC’s recommended considerations for organisations contemplating FRT deployment, noting the overall importance of robust privacy governance processes.
[17:54] Suzy then discusses the impact of the new Biometric Processing Privacy Code (the Code), which comes into force on 3 November. The Code will supplement the Privacy Act by introducing specific obligations for the use of biometric technologies such as FRT, signalling a more regulated future. She also refers listeners to our earlier podcast on the proposed Code.
Information in this episode is accurate as at the date of recording, 10 October 2025.
Please contact Richard Wells, Suzy McMillan or our Data protection team if you need legal advice and guidance on any of the topics discussed in the episode.
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Additional resources:
Inquiry into Foodstuffs North Island trial use of facial recognition technology – May 2025
Tech Suite Podcast - New Zealand’s proposed Biometrics Privacy Code
