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Facial Recognition Technology, Privacy and Administrative Law


Harry Aniulis

This article has two broad threads: it is descriptive of recent developments regarding facial recognition technology (‘FRT’), and underpinned by a normative argument that there is utility in considering privacy regulation from an administrative law perspective. In making this argument, FRT is used to provide tangible illustrations of the difficulties in the existing framework for privacy protection. This article examines the existing framework, the substantive issues FRT can present (namely, infringement of the right to privacy and biased outcomes) and specific uses of FRT in Australia. Corresponding with these topics, the article adopts each of the ‘administrative law values’ articulated by Chief Justice French as heads for discussion. Lastly, proposals for reform are evaluated.

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2022 45(4) UNSWLJ 1325: