111Keeping and use of photographs: use of facial recognition technology

#### 111 Keeping and use of photographs: use of facial recognition technology 111 Keeping and use of photographs: use of facial recognition technology (cf 2008 Reg cl 108A) > > (1) For the purposes of section 56(1)(j) of the Act, Transport for NSW may keep or use a photograph to which Part 3.5 of the Act applies to conduct comparisons using facial recognition technology— > > > > > (a) to check whether an applicant for the issue, replacement or renewal of a relevant permit has previously been issued with a relevant permit using another identity, or > > > > > (b) to check whether any person’s photograph has been taken and recorded using more than one identity, or > > > > > (c) to discover or confirm a person’s identity if Transport for NSW is required or authorised by or under law to use or disclose personal information about that person. > > > (2) In this clause— > > > > facial recognition technology means a biometric technology used to identify a person by a comparison of digital images of human faces, using various facial features such as a person’s eyes, nose and mouth as the points of comparison. > > > > relevant permit means any of the following— > > > > > (a) a driver licence, > > > > > (b) a “proof of age” card, > > > > > (c) a Photo Card issued under the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020), > > > > > (d) a licence or permit under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), > > > > > (e) a licence under the [Security Industry Act 1997](/view/html/inforce/current/act-1997-157), > > > > > (f) a permit under the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127), > > > > > (g) any other licence, permit or similar authority issued using a photograph to which Part 3.5 of the Act applies, > > > > > (h) the registration of a vehicle within the meaning of the Act, > > > > > (i) a licence or certificate of registration referred to in Schedule 3A to the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028), > > > > > (j) any other licence, permit or similar authority issued using a photograph kept or used by Transport for NSW for any purpose for which a photograph to which Part 4A of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) applies may be used, > > > > > (k) a mobility parking scheme authority under the statutory rules made under the Act. > > Note. > > Section 80H(1)(f) of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) provides that a photograph taken for the purposes of that Act may be kept and used for any purpose for which a photograph to which Part 3.5 of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) applies may be kept and used by Transport for NSW. Section 18(1)(e) of the [Photo Card Act 2005](/view/html/inforce/current/act-2005-020) makes similar provision for photographs taken under that Act. > > As a result, photographs to which those Acts apply may be kept and used for the purposes prescribed by this clause.