The Australian Information Commissioner has determined that Kmart breached privacy regulations by employing facial recognition technology to gather personal data from customers in 28 stores between June 2020 and July 2022. This system aimed to prevent refund fraud but was criticized for being disproportionate and ineffective. Kmart's spokesperson expressed disappointment with the ruling and indicated plans to appeal, citing rising theft and violence as justification for the technology's use. However, the Privacy Commissioner emphasized that the collection of biometric data without consent violated privacy rights, as customers were not informed of the data collection process. The ruling underscores the need for transparency and express consent in handling sensitive information, particularly as surveillance technologies become more prevalent in retail environments.