Kmart's use of facial recognition to tackle refund fraud unlawful

Kmart’s Presence and Corporate Forks

• Many are surprised Kmart still operates, especially strongly in Australia.
• Commenters explain Australian Kmart (and Target, Woolworths, etc.) as effectively separate “forks” of US brands, often more successful than the originals.
• Some compare to A&W and other brands that live on in other countries despite US decline.

Recording vs Facial Recognition

• A key thread: it’s generally legal to record CCTV in stores, but not to run indiscriminate facial recognition.
• Several point out Australian law treats biometrics as “sensitive information,” making automated recognition fundamentally different from passive video with occasional human review.
• Others find it “odd” that the same act (recognizing faces) is legal when humans do it but not when software does, questioning the consistency.

Consent, Notice, and Scope

• Many distinguish between targeted, consent-based facial recognition (e.g., nightclubs scanning IDs to enforce bans) and blanket scans on all shoppers.
• Disagreement over what counts as real opt‑in: “you can choose not to go to clubs” vs “if every venue requires it, that’s not meaningful choice.”
• Some highlight that refund fraud is a narrow purpose, whereas Kmart scanned everyone entering, most of whom weren’t seeking refunds.

Security, Shoplifting, and Surveillance

• One camp argues banning tools that deter crime is bad policy; they prefer targeting repeat offenders with facial recognition over treating all customers as suspects or locking products.
• Others fear normalization of ubiquitous biometric tracking, mission creep, and later use by police, agencies, or hackers.
• Examples range from self‑checkout enabling theft, to Costco-style membership and entrance control, to anecdotes of stores caging products due to theft.

Data Use vs Data Collection

• Comparisons to IP logs and credit card rules: collecting some data may be acceptable, but reuse for unrelated purposes (ads, dossiers) is not.
• Some argue use‑based restrictions are hard to verify in practice; once data exists, it can be silently repurposed or sold.

Crime Rates and Policy Narratives

• Extended debate over whether shoplifting is actually rising or just being framed that way by retailers and media.
• Some cite falling larceny rates; others respond that under‑reporting and policy changes obscure the true picture.
• Underneath is a deeper clash: more surveillance and harsher enforcement vs tackling underlying social and economic conditions.