Clubs ACT is proposing to trial facial recognition technology to address problem gambling, using a model which already exists in South Australia.
In South Australia, clubs can apply to the state's business and consumer services department to have facial recognition installed with the purpose of identifying barred patrons by alerting gaming venue staff when a barred patron is detected entering the gaming room.
Only venues which have 30 or more gaming machines are permitted to apply for a permit to operate the technology in South Australia.
The Clubs ACT proposal is certain to run into potential conflict with ACT Human Rights Act legislation.
Under Section 12 of the act, people are protected from "unlawful" interference with their privacy "except in cases authorised by law". This section of the act specifically mentions the surveillance of any persons.
KMart and Bunnings are under investigation by the Office of the Australian Information Commissioner after it was revealed the two retailers have facial recognition technology installed in stores, ostensibly to identify recidivist shoplifters.
In June, the commissioner's office issued a statement in which it said that it was important with all retail stores, "when they are deciding whether to use technology to collect personal information, consider the impact on privacy, the community's expectations and the need to comply with privacy law".
"The Privacy Act generally requires retailers to only collect sensitive biometric information if it's reasonably necessary for their functions or activities, and where they have clear consent," the commissioner's statement said.
Consent of ACT Clubs' patrons for the use of the technology is one of the clear criteria which was flagged by ACT Attorney General Shane Rattenbury in assessing the potential use of the technology.
The rationale behind the clubs' proposal was for the technology to "support" those patrons who had "self-identified" with clubs that they have a gambling problem.
"It's not a surveillance system for the whole club, it's not about every patron, it's really designed around those people using gaming machines and the individuals who have self-excluded," Clubs ACT chief executive Craig Shannon said on ABC radio.
"We want to provide that individual with the opportunity to use club facilities but exclude them from the gaming area alone."
He described the current process as one in which problem gamblers identify they have an issue and advise the club, which can then monitor whether those people enter the gaming area. The technology is seen as a mechanism which provides an alert to staff when that occurs.
"We're hoping that it picks up people who may be breaching their own self-exclusion and help them in making the right decision not to be involved in those gaming areas," he said.
Mr Rattenbury said the government would examine the clubs' proposal and work through the regulatory issues involved but also said there was a clear responsibility for clubs to engage with their members so there was an "explicit understanding of what was happening".
"I think there would be some members of the public who would be unhappy to find out this was happening without their knowledge," he said.
