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,

(d) a licence or permit under the Firearms Act 1996,

(e) a licence under the Security Industry Act 1997,

(f) a permit under the Weapons Prohibition Act 1998,

(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,