Regulator
Office of the Australian Information Commissioner (OAIC)
The OAIC is Australia's privacy and freedom of information regulator. It administers the Privacy Act 1988 and the Australian Privacy Principles, found in 2021 that Clearview AI had breached Australians' privacy by scraping their faces, decided in 2024 not to pursue the matter further, and has since ruled on facial recognition in retail stores.
Updated November 6, 2026 · 2 min read · reviewed November 6, 2026
What is the OAIC?
The OAIC was created by the Australian Information Commissioner Act 2010 and combines the roles of Privacy Commissioner, Freedom of Information Commissioner and Information Commissioner. It administers the Privacy Act 1988, including the Australian Privacy Principles that cover collection, use and security of personal information. Biometric templates used for identification are sensitive information under the Act, which normally requires consent to collect.
What has it done about face search?
In OAIC v Clearview the Commissioner determined on 14 October 2021, after a joint investigation with the UK ICO, that Clearview AI had collected Australians' sensitive information without consent, by unfair means, and without taking reasonable steps on accuracy or notice. It ordered Clearview to stop collecting and to delete Australian images. Clearview challenged the determination in the Administrative Appeals Tribunal, which affirmed it in 2023. On 21 August 2024 the OAIC said it would take no further action, citing the resources needed to enforce against an overseas company and developments elsewhere.
The same year the OAIC determined that Bunnings, a hardware chain, had breached the Act by using facial recognition on store cameras without consent, and in 2021 it had found 7-Eleven's in-store facial recognition unlawful. Those decisions set the Australian line on one-to-many face matching: it is sensitive information, consent is needed, and a privacy notice on a door is not consent.
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2010-11-01
OAIC established
Under the Australian Information Commissioner Act 2010.
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2021-10-14
Clearview AI determination
Breach of the Australian Privacy Principles; stop and delete orders.
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2021-10-14
7-Eleven determination
In-store facial recognition found to breach the Act.
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2023-05-08
AAT affirms the Clearview determination
Clearview's challenge fails.
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2024-08-21
No further action against Clearview
The OAIC announces it will not pursue enforcement further.
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2024-11-19
Bunnings determination
Facial recognition on store cameras breached the Act.
How do you use the OAIC?
- Complaint: online form on oaic.gov.au, after complaining to the organisation and waiting 30 days. The OAIC conciliates and can make binding determinations, including compensation.
- Enquiries line: 1300 363 992.
- Image-based abuse is handled by the eSafety Commissioner, not the OAIC; see the NCII removal directory.
Questions
Did Clearview delete Australians' images?
The 2021 determination ordered it. The OAIC's 2024 statement did not report compliance, and the OAIC said it would not take further action. No public confirmation of deletion was found on the date this entry was checked.
Is face search legal in Australia?
Searching your own face is not restricted. Building an index of other people's faces without consent is what the OAIC found unlawful; see the Australia entry under laws.
Who handles intimate images shared without consent in Australia?
The eSafety Commissioner, under the Online Safety Act 2021, which can issue 24-hour removal notices. The OAIC handles privacy complaints, not image removal.
Sources
- 1.OAIC: Clearview AI breached Australians' privacy (3 November 2021) (checked November 6, 2026)
- 2.OAIC: Bunnings breached Australians' privacy with facial recognition (19 November 2024) (checked November 6, 2026)
- 3.Guardian Australia: OAIC will not pursue further action against Clearview AI (August 2024) (checked November 6, 2026)
Entry reviewed November 6, 2026. Found an error? Tell us.
Related entries
- Case OAIC v Clearview AI (Australia) OAIC v Clearview AI: Australia's 2021 determination, the 2023 tribunal decision affirming it, and the August 2024 decision not to pursue further action.
- Law Australia: Privacy Act 1988 Australia's Privacy Act 1988 and face search: sensitive information rules, the Clearview determination, the 2024 privacy tort and doxxing offences, and penalties.
- Engine Clearview AI Clearview AI: the law-enforcement face search built on scraped web images, its 100-billion-image claim, who may use it, and fines and orders from seven countries.
- Organisation Information Commissioner's Office (ICO) The UK data protection regulator: what it enforces, its biometric guidance, the Clearview AI fine and appeals, and how to complain about a face search engine.
- Directory Removing intimate images shared without consent, by country Intimate image removal routes in 11 countries: the law, where to report, the platform deadline and the helpline, from the US and UK to India and Brazil.
Cite this entry
FaceSearch Wiki editors. "Office of the Australian Information Commissioner (OAIC)". FaceSearch Wiki, updated November 6, 2026. https://facesearch.wiki/organisations/oaic/