Operation of facial recognition technology system by particular licensees—Act, s 366
28A Operation of facial recognition technology system by particular licensees—Act, s 366
This section applies in relation to a licensee other than a licensee who is operating a facial recognition technology system on the licensee’s licensed premises under a condition imposed by the commissioner on the licensee’s gaming machine licence under section 73 or 74 of the Act.
Subject to this section, the licensee is authorised to operate a facial recognition technology system on the licensee’s licensed premises.
A facial recognition technology system may be operated on the licensed premises only if—
the licensee—
is treated as an organisation under the Privacy Act 1988 (Cwlth); and
complies with that Act in relation to the protection of personal information held in the system; and
the system—
is used for identifying an excluded person to prevent the person from entering or remaining in the licensed premises, or a gaming machine area on the licensed premises, in contravention of a self-exclusion order or exclusion direction; and
includes a function that deletes any biometric information recorded by the system that does not identify an excluded person.
A licensee who operates a facial recognition technology system under this section must display a sign complying with subsections (5) and (6) on the licensee’s licensed premises.
Maximum penalty—20 penalty units.
The sign must state that a facial recognition technology system is in operation on the licensee’s licensed premises.
The sign must be displayed in a conspicuous position at—
each entrance to the licensee’s licensed premises; and
each entrance to a gaming machine area on the licensed premises where a facial recognition technology system is in operation.
If a licence for licensed premises ends under the Act, the licensee or person who was the licensee must not keep or disclose any personal information held by a facial recognition technology system operated on the premises.
Maximum penalty—20 penalty units.
A licensee who operates a facial recognition technology system under this section must ensure any personal information held by the system is not used—
to encourage or provide an incentive to a person to gamble; or
in connection with a customer loyalty or reward program.
Maximum penalty—20 penalty units.
In this section—
excluded person means a person who is the subject of a self-exclusion order or an exclusion direction in force for the person.
facial recognition technology system means a system that—
enables the facial image of a person to be recognised, identified and recorded; and
compares the facial image mentioned in paragraph (a) with biometric information held in the system about excluded persons.
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