New Zealand to receive biometrics code by mid-2025

New Zealand’s biometrics code will finally be completed by mid-2025, while the implementation is slated to start after an official notice period, according to the country’s privacy watchdog.

The Office of the Privacy Commissioner is still considering the feedback it received on the Privacy Code of Practice for Biometrics, which will introduce stronger privacy safeguards, notification and transparency obligations and limits on some uses of biometric information.

The Commissioner published its first consultation paper last year, releasing it for public consultation in December.

“The final Code is expected to be issued mid-2025 and will come into force after a gazetting period,” the Office told Mlex.

Agencies already using biometric technologies would be granted an additional grace period, it added.

Earlier this month, New Zealand’s consumer and legal groups expressed their concerns over the upcoming draft biometrics code, including removing the consent safeguard and insufficient oversight.

Justice Minister backs facial recognition in retail

The upcoming biometrics bill will also regulate facial recognition applications in retail, which has become a contested topic in the country.

Justice Minister Paul Goldsmith has been preparing the ground for allowing more facial recognition systems to prevent retail crime, which is estimated to cost the sector NZD2.6 billion (US$1.5 billion) a year.

“I’m wanting to figure out what we can do to make sure it’s as useful as it can be,” Goldsmith said earlier this week. “There is obviously a tension with privacy legislation, so that’s an area of discussion.”

The Ministry of Justice has been reviewing the Privacy Act to identify legal barriers to retailers’ use of facial recognition. The government also plans to reform shoplifting fines by the end of June after retailers complained about ineffective penalties and a lack of police resources to prevent theft, according to the New Zealand Herald.

Industry group Retail NZ, however, is doubtful whether steeper fines will be a sufficient deterrent. The organization has been advocating for allowing retailers to use facial recognition to identify people who’ve been issued a trespass notice.

“We’re more focused on the prevention side,” says Retail NZ CEO Carolyn Young.

Efforts to introduce the technology in stores have been met with criticism. Consumer protection organization Consumer NZ has cast doubts on the results of facial recognition trials conducted by supermarket chain Foodstuff, which are currently being reviewed by Privacy Commissioner Michael Webster.

The NZ Council for Civil Liberties has also argued that sensitive information should not be collected without consent and warned of creeping surveillance.

The Privacy Commissioner has laid out several factors for using facial recognition, including assessing whether the technology is unfairly or unreasonably intrusive, how personal information is stored and how long it is kept.

Article Topics

biometric data  |  biometric identifiers  |  biometrics  |  data privacy  |  New Zealand  |  New Zealand Privacy Commissioner  |  retail biometrics