Foodstuffs’ facial recognition trial

Foodstuffs North Island (FSNI), has recently begun trialling facial recognition technology as part of its response to increased retail crime. Although this may seem somewhat extreme, statistics on retail crime released by FSNI may help put this in perspective.
Figures released in November 2022 for FSNI stores revealed that ‘serious incidents’ had risen 246% since 2020. These incidents have continued to rise, with the quarter October – December 2023 recording 4,719 incidents; up 34% on the previous quarter.
Repeat offenders comprise around one third of all incidents in FSNI stores – and addressing these will be a primary focus of the facial recognition (FR) technology being employed. FSNI Chief Executive Chris Quin stated, “All too often it’s the same people, coming back to our stores despite having already been trespassed, committing more crime, and often putting our team members and customers at risk of abuse and violence.”
The use of FR technology to curb crime is already well underway globally. FR uses software to create a unique template (facial signature) of a person’s face. An individual’s facial signature can then be compared with those in a database to determine if there is a match.
The FSNI trial, which began February 8, will involve up to 25 of its supermarkets and will be conducted over a period of up to 6 months. FSNI plans to use the trial data to help decide whether to roll-out the technology further.
FSNI stores in the trial will display signage at the entrance informing people of the trial, and to not enter if they do not want their image taken. On entering the store, the FR system will compare a person’s image to the database of previous offenders and accomplices.

Where there is a match, “appropriate action will be taken.” If there is no match, the image will be automatically deleted. A trial store may also collect and save the image of a ‘person of interest’ from its CCTV system to its FR system. A person of interest includes someone who has stolen store property, been violent or threatening towards staff or customers, or has been an accomplice to such actions.
Images of offenders and their accomplices will be retained – for up to two years for offenders and three months for their accomplices. A person of interest can apply to be deleted from a store’s FR system, as outlined in FSNI’s privacy policy.
According to the Office of the Privacy Commissioner, FSNI has been working closely with them, and “have made a significant number of changes to the trial that aim to mitigate both privacy risk and give better insights into customer impacts and perspectives.” However, Privacy Commissioner Michael Webster emphasised that this does not mean FSNI’s use of FR has been endorsed. Rather, the trial is taking place because the Commissioner asked FSNI to “provide evidence that FR was a justified way to reduce retail crime.”
The Commissioner also expressed concern that there are known problems with the bias and accuracy of FR technology, and that people could be incorrectly banned or accused. He pointed out, “There are other options in place to deal with retail crime and therefore Foodstuffs North Island needs to find hard data that it works and is necessary.”
As the FSNI trial progresses the Commissioner will use his inquiry powers to keep a close eye on whether “any further action is necessary to protect New Zealanders’ privacy.”