Changes to the use of FRT in licensed venues
Following the recent decision made by the Australian Privacy Commissioner, amendments have been made to the Gaming Machine (Facial Recognition Technology) and Other Legislation Amendment Regulation 2025. These changes will affect how licensees may use Facial Recognition Technology (FRT) in their venues.
What these changes mean
The Amendment Regulation authorises, but does not mandate, the use of FRT at venues licensed under the Gaming Machine Act 1991 and the Liquor Act 1992, for specific harm minimisation purposes.
This means that licensees using FRT are not required to obtain a person’s consent when using FRT to determine whether that individual is subject to a ban or exclusion that would prevent them from accessing the premises.
These changes do not apply to licensees who are already required to use FRT under an existing licence condition or statutory obligation. Those requirements remain unchanged.
Key information
Authorised use of FRT
- FRT may only be used to identify people who are banned or excluded from entering licensed premises or gaming areas. This includes self-exclusions, banning orders, and exclusions made by a licensee.
- FRT must not be used for other purposes, like promoting gambling or selling liquor.
- If a patron’s face is scanned and they are not banned or excluded their biometric data must be deleted immediately.
Privacy and consent
- Under the new laws licensees do not need consent to collect biometric data (such as facial scans) when using FRT for authorised purposes.
- Any other use of FRT requires the person’s consent and must be reasonably necessary to the licensee’s function.
- Licensees must carefully consider the placement of FRT to ensure they do not inadvertently collect biometric information from members of the public who are not intending to enter the licensed premises.
Signage requirements
- Venues must display clear and visible signage at:
- Entrances to the premises
- Entrances to gaming machine areas,
- Near any ID scanner (if applicable)
- These signs must inform patrons that FRT is in use and explain how it is being used.
Handling personal information
- Any personal information collected by FRT must not be kept or shared after a liquor licence ends.
- All licensees who use FRT must comply with the Commonwealth Privacy Act 1988 and the Australian Privacy Principles (APPs) when collecting, storing, using and disclosing personal and sensitive information – this applies to venues of all sizes.
Further information is available in the Commissioners Guideline: Guideline on using facial recognition technology in a licensed premises. https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/gaming/guidelines/facial-recognition-technology