ClubCOLLECTIVE May 2026
Clubs using Facial Recognition Technology (FRT) for security and self-exclusion purposes have operated in a grey area until recently. In March 2026, a new Code of Practice: Facial Recognition Technology in Hotels and Clubs was released, marking a significant step in the governance of FRT in the NSW hospitality sector.
Clubs already using, or thinking of implementing, FRT to assist with identifying self-excluded patrons should promptly ensure that their FRT practices are compliant with the Code and other regulatory obligations.
Clubs should be aware that the introduction of the Code does not displace a venue's obligation to comply with the Privacy Act 1988 (Cth). Privacy compliance has been a key concern affecting uptake of FRT by clubs, unsure of whether the ability to easily identify excluded persons outweighs the compliance burden of obtaining privacy consents from each patron that enters its premises. This is due to the nature of the information that is collected by FRT.
Thomson Geer has deep expertise in the interconnecting aspects of gaming regulation, privacy and technology, and has reviewed the Code. For further guidance on how to navigate the regulatory framework for FRT, please contact Partner Arj Puveendran.
Contact Information
Name: Arjunan Puveendran
Title: Partner
Phone: 02 8248 3494
Email: apuveendran@tglaw.com.au
Website: https://www.tglaw.com.au/corporate/industry_sector/gaming-leisure/
